Challenges to the Exercising of the Jurisdiction of the International Criminal Court over the Crime of Aggression

Document Type : Original Article

Author

Allameh Tabataba`i University, Tehran, Iran

Abstract

The definition of the crime of aggression and how the International Criminal court applies its jurisdiction over it was the most challenging issue in the establishment of the Court, which is still a challenge after several decades of starting such a Process. The crime of aggression after six decades of negotiation and endeavors was eventually defined during the Rome Statute Review Conference held in Kampala in 2010. The resolution adopted by the Assembly of States Parties, also defining the crime of aggression, clarified the jurisdiction of the Court, as well as the relationship between the Security Council and the ICC regarding the crime of aggression. The present paper aims to clarify whether the Kampala Amendment has been able to resolve all ambiguities in this regard and allow the prosecution of the crime of aggression in the court. The present study suggests that although the Kampala amendment was supposed to make practical the prosecution of the crime of aggression, the practice of prosecuting this crime in the court is practically difficult. This has led to criticisms of this resolution and the persistence of the challenges about the crime of aggression.

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