Chapter 36. Evaluating Domestic Legislation On The Customary Crime Of Aggression Under The Rome Statute’S Complementarity Regime

Abstract

The crime of aggression is a crime under customary international law. At the same time it is listed as one of the most serious crimes of concern to the international community as a whole in an international treaty, the Rome Statute of the International Criminal Court (ICC). This chapter analyses national definitions of the international crime of aggression in the light of the current state of the negotiations to codify this crime for adjudication before the ICC. It presents an examples of national legislation, and provides an overview of the main features and identify convergent and deviating elements. The chapter examines under what circumstances states establish jurisdiction to adjudicate and actually empower domestic courts to enforce the crime of aggression. Finally, it concludes by assessing the findings of the comparative study and analysing the interrelationship between international and domestic definitions of the crime of aggression. Keywords: crime of aggression; customary international law; International Criminal Court (ICC); jurisdiction; Rome Statute