Reviewing the Crime of Aggression: A Defining Moment for International Criminal Law
Under the current legal framework, the International Criminal Court’s (ICC’s) ability to prosecute the crime of aggression is constrained. The Court lacks jurisdiction when non-States Parties are involved – either as aggressors or victims – unless the case is referred to the Court by the UN Security Council, a mechanism that is both highly politicized and rarely invoked. Additionally, State Parties may opt out of the Court’s jurisdiction over aggression. Arne Bardelle, suggests in this article by the
Global Challenges Foundation that “the limitations on the ICC’s jurisdiction represent a glaring double standard, one that is rooted in the efforts of powerful states to shield themselves from accountability.” The principle that no leader is above the law must be reaffirmed – and that which provides that those waging aggressive wars should face accountability, regardless of geography or power. “If Western states are serious about supporting a rules-based order, they must back this amendment unequivocally.”
https://globalchallenges.org
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