II SÉRIE-A — NÚMERO 30 150

Amendment to article 8

Add to article 8, paragraph 2 (e), the following:

“(xiii) Employing poison or poisoned weapons;

(xiv) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

(xv) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard

envelope which does not entirely cover the core or is pierced with incisions.”

Amendments to the Rome Statute of the International Criminal

Court on the Crime of Aggression

1. Article 5, paragraph 2, of the Statute is deleted.

2. The following text is inserted after article 8 of the Statute:

Article 8 bis

Crime of aggression

1. For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation or

execution, by a person in a position effectively to exercise control over or to direct the political or military action

of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of

the Charter of the United Nations.

2. For the purpose of paragraph 1, “act of aggression” means the use of armed force by a State against the

sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent

with the Charter of the United Nations. Any of the following acts, regardless of a declaration of war, shall, in

accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, qualify as an

act of aggression:

a) The invasion or attack by the armed forces of a State of the territory of another State, or any military

occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of

the territory of another State or part thereof;

b) Bombardment by the armed forces of a State against the territory of another State or the use of any

weapons by a State against the territory of another State;

c) The blockade of the ports or coasts of a State by the armed forces of another State;

d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another

State;

e) The use of armed forces of one State which are within the territory of another State with the agreement of

the receiving State, in contravention of the conditions provided for in the agreement or any extension of their

presence in such territory beyond the termination of the agreement;

f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be

used by that other State for perpetrating an act of aggression against a third State;

g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry

out acts of armed force against another State of such gravity as to amount to the acts listed above, or its

substantial involvement therein.

3. The following text is inserted after article 15 of the Statute: