A Historic Moment for International Criminal Justice: ICC Jurisdiction Activated over the Crime of Aggression

Abstract

A historic decision has been taken to activate the jurisdiction of the International Criminal Court (ICC) over the Crime of Aggression, at the Sixteenth meeting of Assembly of States Parties (ASP) to the Statute of the ICC  in New York. The ASP adopted a resolution that adds the crime of aggression to the crimes of genocide, crimes against humanity and war crimes. This achievement has only been possible due to the work of many NGO's, States and ceaseless individuals, in particular the former Prosecutor at the Nuremberg Tribunal, Benjamin Ferencz . He worked for many decades with an unending patience to achieve this breakthrough.

Blog by N. Sarican

A historic decision has been taken to activate the jurisdiction of the International Criminal Court (ICC) over the Crime of Aggression, at the Sixteenth meeting of Assembly of States Parties (ASP) to the Statute of the ICC  in New York. The ASP adopted a resolution that adds the crime of aggression to the crimes of genocide, crimes against humanity and war crimes. This achievement has only been possible due to the work of many NGO's, States and ceaseless individuals, in particular the former Prosecutor at the Nuremberg Tribunal, Benjamin Ferencz . He worked for many decades with an unending patience to achieve this breakthrough.
Many journals, books, articles, and dissertations will be dedicated to the crime of aggression but for now, we would like to bring to your attention some interesting blogs and posts on this issue.

Dapo Akande,  Professor of Public International Law, has written an interesting blog dealing with the key issue that divided the parties leading up to the ASP, that is whether the Court would be able to exercise jurisdiction with respect to the crime of aggression over the nationals of states parties to the Statute who have not ratified the aggression amendments and who also do not opt out. He also discusses paragraph 3 that relates to the independence of the Court and the ability of the Court to settle disputes concerning the judicial functions of the Court. You can find the blog by Dapo Akande here at the EJIL: talk!

At the Opinio Juris forum you can find a lively discussion of these and other topics as well. Kevin Jon Heller, Professor of Criminal Law also covers the topic of paragraph 3 and the aggression amendments.

Journalist Janet Anderson, specializing in coverage of International Justice, has written an accessible piece at the International Justice Tribune focusing on the danger of a two-tier ICC.

Jennifer Trahan, Associate Professor of Global Affairs, has written an excellent report at the International Judicial Monitor on the activation of the crime of aggression.

Alex Whiting, Professor of Practice, has written a thoughtful post on the relevance of the activation and the possibility of a prosecution for aggression at JustSecurity.

Please let us know if you have suggestions for other blogs or posts on this subject.