Understanding the International Criminal Court

International Criminal Court
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29. What is a crime of aggression?
As adopted by the Assembly of States Parties during the Review Conference of 
the Rome Statute, held in Kampala (Uganda) between 31 May and 11 June 2010, a 
“crime of aggression” means the planning, preparation, initiation or execution of 
an act of using armed force by a State against the sovereignty, territorial integrity or 
political independence of another State.
The act of aggression includes, among other things, invasion, military occupation, 
and annexation by the use of force, blockade of the ports or coasts, if it is considered 
being, by its character, gravity and scale, a manifest violation of the Charter of the 
United Nations.
The perpetrator of the act of aggression is a person who is in a position effectively 
to exercise control over or to direct the political or military action of a State.
30. When did the Court’s jurisdiction over the crime of aggression begin?
On 15 December 2017, the Assembly of States Parties adopted by consensus a 
resolution activating the jurisdiction of the Court over the crime of aggression as of 
17 July 2018.
31. Under which conditions would the Court be able to exercise its jurisdiction 
over the crime of aggression?
The Court may exercise jurisdiction in a situation where genocide, crimes against 
humanity or war crimes were committed on or after 1 July 2002 and:
▪
the crimes were committed by a State Party national, or in the territory of a State 
Party, or in a State that has accepted the jurisdiction of the Court; or
▪
the crimes were referred to the ICC Prosecutor by the United Nations Security 
Council (UNSC) pursuant to a resolution adopted under chapter VII of the UN 
Charter.
As of 17 July 2018, a situation in which an act of aggression would appear to have 
occurred could be referred to the Court by the Security Council, acting under 
Chapter VII of the United Nations Charter, irrespective as to whether it involves 
States Parties or non-States Parties.
In the absence of a UNSC referral of an act of aggression, the Prosecutor may 
initiate an investigation on her own initiative or upon request from a State Party. 
The Prosecutor shall first ascertain whether the Security Council has made a 
determination of an act of aggression committed by the State concerned. Where no 
such determination has been made within six months after the date of notification 
to the UNSC by the Prosecutor of the situation, the Prosecutor may nonetheless 
proceed with the investigation, provided that the Pre-Trial Division has authorized 
the commencement of the investigation. Also, under these circumstances, the Court 
shall not exercise its jurisdiction regarding a crime of aggression when committed 
by a national or on the territory of a State Party that has not ratified or accepted 
these amendments.

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