Journal of Criminal Law Research

عنوان مقاله [English] Challenges to the Exercising of the Jurisdiction of International Criminal Court over the Crime of Aggression

Articles in Press

Document Type : Research Paper

Authors

zahra hajipour 1
Heybatollah Najandimanesh 2

1 candidate of phd at atu

2 Assistant Professor at Allameh Tabatabaiuniversity

https://doi.org/10.22054/jclr.2020.38334.1823
Abstract
The definition of the crime of aggression and the manner in which the International Criminal court applies its jurisdiction over it, was the most challenging issue in the establishment of the Court, which is still a challenge after several decades of starting such a Process. The crimes of aggression after six decades of negotiation and endeavors were eventually defined during the Rome Statute Review Conference held in Kampala in 2010. The resolution adopted by the Assembly of States Parties, in addition of defining the crime of aggression, clarified the jurisdiction of the Court over the crime of aggression, as well as the relationship between the Security Council and the Court about this crime. The present paper aim is to clarify whether the Kampala Amendment has been able to resolve all ambiguities in this regard and allow the prosecution of the crime of aggression in the court or not. The investigations suggest that although the Kampala amendment was supposed to make the prosecution of the crime of aggression apparently, the practice of prosecuting this crime in the court is practically difficult. This has led criticisms to this resolution and the persistence of the challenges about the crime of aggression

Keywords

crime of aggression
act of aggression
tribunal jurisdiction over crime of aggression
Kampala amendment
complementary jurisdiction
Journal of Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 22 September 2026

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