On The Crime Of Aggression

Although aggression is one of the four most serious international crimes, it hasescaped definition in the context of individual responsibility for more than fivedecades. Individual resposibility for the crime was initiated with Article6(a) of theNuremberg Charter which outlined crimes against peace as“…planning,preparation,initiation or waging of a war of aggression, or a war inviolation of international treaties, agreements of assrance, or participation in acommon plan or conspiracy for the accomplishment of any of the forgoing…”The heinous nature of the crime, and its “precedence before any otherinternational crime” was emphasized in the Tibunal’s judgment.“To initiate a war ofaggression, therefore, is not only an international crime;it is the supreme internationalcrime differing only from other war crimes in that it contains within itself theaccumulated evil of the whole.”Support for these statements was given by the UNGeneral Assembly in1946when it affirmed the “principles of international law asrecognized by the Charter of the Nuremburg Tibunal and the judgment of theTibunal.” However, after this time no formal international agreement on a definationof aggression for prosection of individual actor could be concluded.”On the crime of aggression,the relationship between the international criminalcourt and the Security Council is also complicated, at the core of the relationshipbetween the ICC and the Security Council is the problem of jurisdiction andoverlapping responsibility.Except those two legal issue metioned above, the constititive elements of cime of aggression is the third legal issue, and if there is no consensus on the defination ofaggression,there will be no possibilty to solve the legal issue on the constitive elmentsof crime.It’s gratified to see that the new amendment on the crime of aggression madeby the WGCA has been passed by the Review Conferece and the new amendmentcontained the defination of agreesion, the relationship beween the ICC and theSecurity Council on the jurisdiction over the crime of aggression and the constitiveelements of crime of aggression. The new amendment is a constructive progress in thehistory of the crime of aggression.