Abstract
In a compromise reached during the negotiations for the Rome Statute of the International Criminal Court (ICC) in 1998, Article 5 of the Statute lists the crime of aggression as a crime, along with genocide, war crimes and crimes against humanity. In contrast to the other crimes, however, the ICC cannot exercise jurisdiction over the crime of aggression because the Statute does not define the crime or set out its jurisdictional conditions. It was only after the Rome Statute entered into force on 1 July 2002 that the Assembly of States Parties (ASP) established the Special Working Group on the Crime of Aggression (SWGCA), which did much of the groundwork on defining the crime in the years leading up to and at the Review Conference in Kampala (31 May–11 June 2010). There the drafts defining the crime of aggression and setting out the conditions under which the ICC would exercise jurisdiction were finalized.
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