Prosecuting the crime of aggression and the jurisdiction of the international criminal court and the Security Council.

Abstract

The crime of aggression has been included within the jurisdiction of the International Criminal Court but the court shall not exercise jurisdiction over this crime until an agreement is reached on its definition and the conditions for exercising jurisdiction. 1 Resolution F of the Rome Conference instructed the Preparatory Commission for the Court to prepare proposals for a provision on aggression, including the definition and Elements of Crimes of aggression and conditions under which the International Criminal Court shall exercise it's jurisdiction with regard to this crime." These proposals were to be submitted "to the Assembly of States Parties at a Review Conference", with a view to arriving at an acceptable provision on the crime of aggression for inclusion in the Rome Statute." However, this Preparatory Commission did not succeed in submitting a completed proposal to be tabled before the Rome Diplomatic Conference that deliberated and adopted the Rome Statute. Instead, it's final work-product on aggression was a discussion paper proposed by the coordinator of the Preparatory Commission's working Group on Aggression, a kind of rolling text of what had been agreed (and not agreed) and a proposal for the creation of a working group of the Assembly, open to all states," to carry the work forward.