The Definition of the Crime of Aggression for the Purpose of the International Criminal Court: Problems and Perspectives

摘要

The definition of the crime of aggression for the purpose of the Rome Statute of the International Criminal Court (ICC) remains a key issue of contemporary international criminal law. The work accomplished to date by the Preparatory Commission for the ICC and the Special Working Group on the Crime of Aggression has resulted in promising draft amendments to the Rome Statute, which defines the crime on the basis of relevant international law sources and suggests workable mechanisms of interaction between the Court and the United Nations Security Council. This article examines the draft amendments in a critical way and recommends substantial and procedural improvements. In particular, the respective roles of the International Court of Justice and the United Nations General Assembly for the determination of acts of aggression are reconsidered, and a more ‘measurable’ definition of the crime of aggression is proposed. It is suggested that the new rules of the Rome Statute, if duly recognized, should affect the practice of both the International Criminal Court and the Security Council, as well as of other relevant principal organs of the United Nations, such as the International Court of Justice.