The crime of agression and the future of International Criminal Justice
DOI:
https://doi.org/10.5281/%20zenodo.17281425Keywords:
Crime of aggression, International Criminal Court, Rome Statute, International criminal jurisdictionAbstract
The crime of aggression, which involves the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, although it was included in the list of international crimes by the Rome Statute, only had its constituent elements defined during the revision of that Treaty in 2010, in Kampala, Uganda. The activation of the jurisdiction of the International Criminal Court, in turn, was only achieved in 2018. The jurisdiction of that Court, however, is limited. It is required that both the aggressor State and the attacked State be part of the international criminal justice system. The rule, because it is too restrictive, has proven ineffective in confronting new global conflicts. In 2025, there will be an opportunity to review the rules in order to harmonize the rules of jurisdiction of the crime of aggression with other international crimes (genocide, crimes against humanity and war crimes).
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