Sustainability in the prosecution of the crime of aggression: reflections in the wake of Russia’s initiation of a war of aggression against Ukraine

Abstract

The long period of sidelining the crime of aggression in the international legal policy discourse is over. On the contrary, in the wake of Russia’s initiation of a war of aggression against Ukraine, there is strong and widespread rhetoric in international politics suggesting that a critical moment in history has been reached with respect to the prosecution of the crime of aggression. However, to ensure the sustainability of such prosecutions, powerful rhetoric is not enough. As regard the resolve to match words with deeds, the odds are still out. At the time of writing, it remains an open question whether a critical number of State leaders will be prepared to rise to the historical challenge before them and eventually pave the way for sustainable prosecution of the crime of aggression. The crucial test is whether States Parties to the ICC Statute are ready, within the immediate future, to overcome the debilitating jurisdictional restraints that govern the Court’s exercise of jurisdiction over the crime of aggression.