Ukraine
09 Apr 2026
Mobilising Ratification of the Rome Statute Starvation Amendment
Until 2019, the Rome Statute prohibition on using starvation as a method of warfare against civilians applied only to ‘serious violations of the laws and customs applicable in international armed conflict’. This is despite persuasive evidence that customary international law prohibits intentional starvation of civilians regardless of conflict designation. To remedy this omission in the Rome Statute, in August 2019, the Government of Switzerland deposited with the Secretary-General of the United Nations a proposal to amend Article 8 of the Rome Statute to include starvation as a war crime in non-international armed conflicts. GRC provided a range of support to Switzerland in its proposal to amend the Rome Statute of the ICC, including technical advice to the FDFA’s legal teams, legal drafting of policy briefs, and key advocacy to support the process. The Swiss effort was a resounding success, culminating in the historic adoption of the proposal in December 2019 during the 18th Session of the Assembly of State Parties to the International Criminal Court, and enabling the international investigation and prosecution of the war crime of starvation in a non-international armed conflict for the first time.
The adoption of the Starvation amendment was a ground-breaking accomplishment, but it did not mark the end of the journey towards effective investigation and prosecution of starvation as a war crime in NIACs. It remained incumbent on ICC States Parties to consent to be bound to the amendment through the deposit of instruments of ratification or acceptance with the Secretary-General of the United Nations, as the depositary of the Rome Statute.
The Mobilising Ratification Project aimed to encourage universal ratification of the Swiss-led Starvation Amendment to Article 8 of the Rome Statute. It was borne out of the need to ensure that the Amendment moves past the realm of symbolism and into a concrete basis for securing accountability for this crime.
GRC implemented the project, ‘Mobilising Ratification of the Rome Statute Starvation Amendment’ (‘the Mobilising Ratification Project’) between December 2021 and March 2023.
Our Services and Activities
- Production of a comprehensive, easy-to-navigate Guidebook to support States in ratifying and implementing the Starvation Amendment. (available in English, French, and Spanish)
- Development of a dynamic online companion. Visit via the link
- Organisation of high-level advocacy events and international outreach to promote the uptake of the amendment.
- These online resources are regularly updated, highlighting the number of states which continue to ratify this important amendment.
Relevant and related resources
GRC released three policy briefs sequentially in 2019 to coincide with the meetings of the Working Group on Amendments of the Assembly of States Parties (ASP) to the ICC, providing a detailed overview of how the Starvation amendment would play a crucial role in the fight for accountability for conflict-induced hunger.
- Policy Paper in Support of the Proposed Amendment No. 1 focuses on the synergies between the UN Protection of Civilians agenda and the crime of starvation in NIACs.
- Policy Paper in Support of the Proposed Amendment No. 2 focuses on the need to ensure legal consistency across legal frameworks, in order to ensure accountability and clarify the parameters of the crime of starvation.
- Policy Paper in Support of the Proposed Amendment No. 3 focuses on the importance of ensuring accountability for the crime of starvation, regardless of conflict classification.
Partners
The Mobilising Ratification project was supported and funded by the Swiss Federal Department of Foreign Affairs (FDFA). Prior to this project, GRC provided a range of support to the FDFA during Switzerland’s proposal to amend the Rome Statute of the ICC.
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