The Crime of Aggression between Recognition, Identification and Activation

Abstract

The crime of aggression was approved in the Rome Statute of the International Criminal Court (ICC) in 1998, but its definition was postponed until the Rome Statute came into force after 30 countries ratified it, which was done in 2002, and then the agreement of the Assembly of States Parties to this system after (7) years. On its entry into force, which was what happened in 2010 (Kampala Conference) after making amendments to the system, and it was also postponed to activate these amendments until the agreement of the Assembly of States Parties in 2017, and it was agreed to activate starting from 2018, and thus the (ICC) became competent in the crime of aggression In addition to the other three crimes (war crime, genocide, and crime against humanity). The research dealt with how to define the crime of aggression, the extent to which the definition was affected by General Assembly Resolution (3314) of 1974, what are the pillars of this crime, the nature of the amendments to the Kampala Conference, how to activate these amendments, and the extent of the need to issue declarations with the approval or rejection of these amendments, in addition to clarifying the limits of the competence of the (ICC) on The crime of aggression, and what is the relationship between the court and the UN Security Council and the positions of states, especially the permanent members of it, and finally a study of the effects of withdrawal from the court and the extent of its coverage of the provisions of the Vienna Convention on the Law of Treaties of 1969.