Role of the International Criminal Court in Punishing the Crime of Aggression in Light of the Kampala Amendments

Abstract

Aggression is the door that lets in all other forms of crime. Therefore, it is necessary to criminalize it rather than just ban it. Although it was difficult to realize that these two goals are separately essential, they were ultimately reached through the 1945 UN Charter that banned the use of force in international relations and the 1998 Rome Statute that stated the inclusion of the crime of aggression in the jurisdiction of the International Criminal Court (ICC). However, the practice of this jurisdiction was put on hold until 2010, pending the holding of the review conference that would define aggression and the conditions of the court’s practice of its jurisdiction in this crime in compliance with the UN Charter. This alignment between the UN Charter and the amendment seems logical at first as long as it halts war. The Security Council gets to decide whether the committed act was an act of aggression and a threat to international peace and security. But, the question is the following: Did the amendment of the Rome Statute complement the relationship between the Security Council and the ICC in the field of aggression or did it entrench the council’s dominance over the court?