State Aggression and Judicial Passivity
When the member states of the International Criminal Court gather next month in Kampala, Uganda, to review the ICC’s work since its founding in 2002, one issue will be whether to amend the Court’s statute to allow it to exercise jurisdiction over the crime of aggression. That issue was deferred when the ICC Statute was adopted in 1998, and it should be deferred again.
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WASHINGTON, DC – When the member states of the International Criminal Court gather later this month in Kampala, Uganda, for a conference to review the ICC’s work, one issue on the agenda will be whether to amend the Court’s statute to allow it to exercise jurisdiction over the crime of aggression. That issue was deferred when the ICC Statute was adopted in 1998. Based on my experience as an international prosecutor, and speaking as a strong supporter of the ICC, I believe that it would be a serious mistake to add the crime of aggression to the Court’s docket now. The issue should be deferred again.