Crime of aggression: Expanding the relatively narrow parameters of Article 8 Bis of the Rome Statute

Abstract

The criminalization of aggression, which is diametrically opposed to the notion of state sovereignty, has remained in a state of suspended animation until recently. Effective starting on July 17, 2018, the International Criminal Court has been empowered to try individuals for the crime of aggression. Although achieving this feat is commendable in itself, there is no denying the fact that the definition adopted under Article 8 bis of the Rome Statute is outmoded. Being a synthesis between the provisions of two outworn documents of the 20th century, namely the Nuremberg Charter (1945), on the one hand, and the United Nations General Assembly Resolution 3314 (XXIX) (1974), on the other, Article 8 bis seems ill-equipped for the purpose of handling new-age challenges brewing in the 21st century. The author has attempted to summarize the evolution of the crime of aggression as a prelude to presenting a case for the need to adopt a far more inclusive definition within the scheme of Article 8 bis, i.e. taking into consideration the exigencies of the 21st century emanating from (a) non-traditional means of warfare, such as cyberwarfare; (b) non-state entities, such as terrorist groups; and (c) internal acts of aggression.