Review of the activation of the international criminal court's jurisdiction over the crime of aggression

Authors

• Aaron Fagerholm

DOI:

https://doi.org/10.33344/vol13iss1pp180-195

Keywords:

International Criminal Court, crime of aggression, jurisdiction, international criminal law, Rome Statute

Abstract

In December 2017 the Assembly of the State Parties to the Rome Statute decided to activate the International Criminal Court’s jurisdiction over the crime of aggression. After the historical activation decision, crime of aggression is now one the four core crimes under the Court’s jurisdiction, alongside with genocide, crimes against humanity, and war crimes. This article reviews how crime of aggression, often referred to as the supreme international crime, after decades of politically influenced negotiations finally found its place in the jurisdiction of the Court. In addition to the historical review of the establishment of jurisdiction, the article also describes the legal state that entered into force. Discussion has a focus in the extent of the Court’s jurisdiction, which, due to many compromises under the negotiation process is far from extensive.