The ICC and the Crime of Aggression: Justiciability of an Act of Aggression

Abstract

Though agreement was reached on the inclusion of the crime of aggression in the ICC Statute, the controversy over the jurisdictional issues of this crime has continued. One of the important points of the disagreement is whether the ICC is an appropriate body to determine an alleged act of aggression committed by a state which is a basis for prosecution of the crime of aggression. This reflection investigates the act of aggression, as set under the ICC statute, from the perspective of its justiciability.