At the first Review Conference of the Rome Statute of the International Criminal Court, which was held in Kampala in 2010, the negotiations on the crime of aggression resulted in a complex package, at the core of which are the definition of the crime and the conditions for the exercise of the Court’s jurisdiction over it. This article examines the definition of the crime of aggression, as enshrined in the new Article 8 bis, considering the various parts of that package as well as the existing practice and case law. On the basis of this analysis, it evaluates the relevance of the Kampala definition to the evolution of customary international law.
SC Resolution 660 (1990) of 2 August 1990. As for the subsequent resolutions concerning the Iraqi invasion of Kuwait see UN Doc. PCNICC/2002/WGCA/L.1 supra note 24 p. 121.
ICC–ASP/6/20/Add.1supra note 28 p. 12 para. 24.
RC/11supra note 8 Annex III p. 47 para. 16. See also the statement of the Head of the US delegation and Department of State Legal Adviser Harold Hongju Koh at the Kampala Review Conference of 4 June 2010 < www.state.gov/s/l/releases/remarks/142665.htm > visited on 12 January 2012.
ICC–ASP/8/INF.2supra note 4 Annex II Appendix II p. 16 para. 7 and p. 19 para. 26.
Judgmentibid. pp. 171–341at p. 226.
Judgment on Appealibid. pp. 1097–1143at pp. 1109 et seq.
ICC–ASP/6/20supra note 22 Annex II p. 88 para. 8. However unlike Article 6(a) of the NIMT Charter and Article 5(a) of the IMTFE Charter Article 8 bis(1) does not criminalize the “participation in a common plan or conspiracy”.