Activating ICC Jurisdiction over the Crime of Aggression: How Should the Statute and the Kampala Amendment Be Interpreted?
Activating ICC Jurisdiction over the Crime of Aggression: How Should the Statute and the Kampala Amendment Be Interpreted?

Summary/Abstract: This study follows up on the most difficult question that remained to be solved after the adoption of the Kampala Amendment, that may lead, if not properly addressed, to shaking consensus for the activation of the jurisdiction of the ICC for the crime of aggression. The interpretation problem concerns the “matrix” of establishing jurisdiction, in the case of an alleged crime of aggression related to an act of aggression committed by a State Party to the Rome Statute which has not ratified or accepted the Kampala Amendment, on the territory of a State Party which has ratified or accepted the Kampala Amendment. The study attempts to argue that the problem is linked to the interpretation of the Rome Statute itself and tries to apply the rules of interpretation of the Vienna Convention on the Law of Treaties to the question.

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