Several Comments on the Crime of Aggression after Kampala

Abstract

The Rome Statute included the crime of aggression within the jurisdiction of the International Criminal Court in 1998; however the Definition and conditions for the exercise of jurisdiction over it were adopted in 2010 in Kampala. The Definition itself includes problematic issues, of which many have already been discussed and solutions presented. The purpose of this article is to include several arguments on these debates regarding four groups of legal instruments. They entail the mechanism of entry into force of the amendment, scope of jurisdiction of the ICC under negative understanding of article 121 (5) RS with the opt-out and adoption model in mind, and last but not least the activation conditions.

Keywords: International Criminal Court, crime of aggression, entry into force, scope of jurisdiction, opt-out