The sources of the future qualification of the crime of aggression by the International Criminal Court

• Main Author: Christian Finsterbusch
• Format: Article
• Language: English
• Published: Universidad de Chile 2013-12-01
• Series: Revista Tribuna Internacional
• Online Access: https://tribunainternacional.uchile.cl/index.php/RTI/article/view/30127

At the Review Conference of the Rome Statute - which created the International Criminal Court – in 2010, a concept of the crime of aggression was adopted that leaves many aspects to interpretation, so in case it comes into force, the organs of the Court when assessing a concrete case should not only refer to the discussion of the concept established in Kampala, but also to its previous legal development. The author explores in relation to these developments as well on primary sources that the Court should bear in mind when rating the act, corresponding to Resolution 3314 (XXIX) AG United Nations and the Statutes of the International Military Courts and its subsequent judgments, both background models for the creation of the concept of crime of aggression in Kampala. Furthermore, they will have to analyse the cases in which UN bodies have determined the existence of previous acts of aggression as crime qualifying precedent.