Aggression under the Rome Statute

Andreas Zimmermann is Professor and Elisa Freiburg is a Research Fellow, both at the University of Potsdam.

I. Introduction
1. Background
2. The crime of aggression in the Rome Statute: an overview
3. History of outlawing aggression under international law
4. Structure

II. The crime of aggression under the Rome Statute prior to the Kampala amendments
1. The debate leading up to the “non-inclusion” of the crime of aggression in the Rome Conference
2. Developments during the Kampala Review Conference
3. Preconditions for the exercise of the Court’s jurisdiction over the crime of aggression and the legality of the amendment
4. Outlook

III. Definition of the crime of aggression and the underlying act of aggression
1. The origins of the definition adopted in Kampala
2. Definition of an act of aggression and its varieties
3. Difference between an act and a crime of aggression
4. Perpetrators of the crime of aggression
5. Relationship of the crime of aggression amendments with other parts of the Rome Statute
6. Outlook

IV. Treaty-based jurisdiction (Article 15 bis of the Rome Statute)
1. Exercise of jurisdiction
2. Jurisdiction Ratione Temporis
3. Activation of the Court’s treaty-based, aggression-related jurisdiction
4. The “opt-out” option of the Kampala amendment
5. The de facto reversal of the opt-out option by Resolution ICC-ASP/16/Res.5 (2017)
6. Interaction with the UN Security Council
7. Issues of jurisdiction
8. Outlook

V. UN Security Council-based jurisdiction (Article 15 ter Rome Statute)
1. Exercise of jurisdiction
2. Entry into force and jurisdiction ratione temporis over the crime of aggression
3. Independence of the Court
4. Relationship with jurisdiction over other crimes
5. Outlook

VI. Summary and Outlook: Crime of aggression and the ICC post-2018
Appendix
1. Rome Statute of the International Criminal Court (excerpts)
2. Resolutions and understandings adopted in Kampala
3. Resolution ICC-ASP/16/Res.5 adopted on 14 December 2017
4. UN General Assembly Resolution 3314 (XXIX) of 14 December 1974 on the Definition of Aggression