Abstract
The International Criminal Court (ICC), created by Statute of Rome, is first of its kind: a permanent international institution charged with mandate of trying individuals for the most serious crimes of concern to international community as a whole. Four crimes fall within jurisdiction of ICC: genocide, crimes against humanity, war crimes, and crimes of aggression. The first three crimes are defined in Articles 5-8 of Rome Statute. Although Statute also recognizes crime of aggression, it precludes Court from exercising jurisdiction over crime until a relevant provision has been adopted into Statute, which: (1) defines crime, and (2) sets forth conditions under which Court may exercise jurisdiction over individuals with respect thereto. To date, state parties to ICC have put forth numerous proposals, both on defining substantive crime of aggression, and on prescribing conditions for Court's exercise of jurisdiction. This Article examines some of these proposals, summarizes arguments made with respect to each, and makes recommendations as to a preferred course of action.
Published Version
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