Assistant Professor in Seedling, School of Law and Governance, Jaipur National University, Jaipur, Rajasthan, India
Aggression has always been regarded as one of the core crimes under customary International Law. In general, the crime of aggression said to be committed by an individual is based on an act of aggression committed by a State. However, a comprehensive definition of Crime of Aggression had not found its place in International Criminal Law until fairly recent times. This paper examines in details, the evolution of this concept through a series of creative precedents and decades of suspense. It follows the significant attempts of penalising this offence right from Nuremberg Charter to its actual codification in the International Criminal Court Review Conference in Kampala whereby, the Statute was amended to insert a proper definition and provisions related to jurisdiction of this Court to adjudicate upon it. It also analyses various challenges with respect to exercise of jurisdiction and process of ratification of this Amendment by Sovereign States.
Aggression, Crime, International law, Penalty, Sovereignty
