State and individual responsibilities for crime of aggression under the Rome statute: what prospect for international criminal justice
Abstract:Abstract
The use of force against the territorial integrity of another State is proscribed by the
United Nations Charter in article 2(4) and is considered by the international community as a fundamental breach amounting to aggression which constitutes a serious threat to international peace and security. It is also an international crime under both articles 5 and 8 of the Rome Statute making the ICC competent to prosecute it. Article 8(1) grants a controversial jurisdiction to the ICC over aggression because it has to make a determination on state responsibility which is not its competence. This article examines the jurisdiction and competence of the ICC in establishing state and individual responsibilities for the crime of aggression. Through the consultation of primary data from statutes and case law, not leaving out secondary sources from textbooks, articles, and the internet, this paper concludes that the ICC would not be able to effectively prosecute aggression due to some limits and barriers to its jurisdiction. It recommends inter alia that the Court’s jurisdiction should be extended to making determinations on state responsibility and more state parties and non-state parties should ratify the
Kampala amendment to grant the ICC extensive jurisdiction in this regard. This would provide a brighter future for international criminal justice in the fight against impunity for the crime of aggression.
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