Entry into force and the International Criminal Court’s exercise of jurisdiction over the crime of aggression

Abstract

The adoption of the Resolution about the crime of aggression at Kampala Conference does not entail the immediate Court’s exercise of jurisdiction over the crime; on the contrary, the Resolution establishes a seven years delay and a complicate regime that make difficult the exercise of jurisdiction. The Resolution opts for article 121.5 of the Statute to establish the entry into force and exercise of jurisdiction mechanisms which has generated different interpretations on the Court’s competence over nationals of States that has not accepted the amendment and over the crimes committed in such States. It will be necessary to analyze the previous work and the States’ positions during the Conference to find out an accurate interpretation of the provisions.