Morteza Asghari; Hossein Mirmohammad Sadeghi
Abstract
There was serious controversy in the 1996 negotiations on the drafting of the ICC Statute on putting aggression on the list of crimes under the jurisdiction of the tribunal, which in turn stemmed from disagreements over the terms of Exercise of the ICC’s jurisdiction. The Review Conference's amendments ...
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There was serious controversy in the 1996 negotiations on the drafting of the ICC Statute on putting aggression on the list of crimes under the jurisdiction of the tribunal, which in turn stemmed from disagreements over the terms of Exercise of the ICC’s jurisdiction. The Review Conference's amendments in 2010 and Assembly state parties 2017 introduced specific rules regarding ICC’s jurisdiction for aggression that differ from the usual jurisdiction of the Court in respect of other crimes within its jurisdiction. It also lacks a clear and precise explanation for ICC’s specific jurisdiction over the crime of aggression, which has sometimes led to disagreements among jurists. Therefore, this paper will examine the ambiguous points of this jurisdiction regime in the Statute as well as the difficulty of applying ICC’s jurisdiction over the crime of aggression after July 17, 2018.
