Poland’s President signed legislation ratifying changes to the Rome Statute, broadening the International Criminal Court’s scope to include wartime actions.
Expansion of ICC Jurisdiction
Poland is expanding the jurisdiction of the International Criminal Court (ICC). President Karol Nawrocki signed the law on Wednesday, following parliamentary approval of the ratification of amendments to the Rome Statute.
The amendments broaden the Tribunal’s competence to address acts of war committed by states.
Removal of Opt-Out Clause
The Norwegian amendment removes a provision allowing states joining the Statute to opt-out of ICC jurisdiction for war crimes committed on their territory or by their citizens for a period of seven years.
This provision, described as a “transitional” and “tactical negotiating concession,” has not been invoked since 2002, with the exception of a Ukrainian declaration in 2024.
Expanded Catalogue of Prohibited Wartime Acts
A resolution proposed by Belgium introduces three additional prohibited acts to the catalogue of wartime conduct, encompassing both international and non-international conflicts, thereby expanding the Tribunal’s jurisdiction.
These include the use of weapons containing biological agents or toxins, weapons with undetectable fragments, and laser weapons designed to cause permanent blindness.
Changes to the Definition of War Crimes
A resolution proposed by Switzerland expands the definition of war crimes committed during non-international armed conflicts.
It also introduces the intentional use of starvation as a method of warfare, achieved by depriving civilians of essential resources, including food supplies.
Poland’s Rationale for Ratification
The Polish Ministry of Foreign Affairs (MSZ) states the expansion of the Tribunal’s powers is primarily motivated by humanitarian concerns and aims to improve the fate of victims of armed conflicts.
The MSZ emphasized that ratification demonstrates Poland’s commitment to combating serious international crimes and signals that the use of such methods and means of warfare will never be acceptable, even in limited conflicts within its territory.
Ratification also signifies Poland’s consent to extend the ICC’s complementary jurisdiction to crimes covered by the amendments, including those committed on Polish territory or by its citizens.