Aggression is one of the core international crimes as Genocide, Crimes Against Humanity and war crimes.
The 15 December 2017 Assembly of States Parties to the ICC adopted a resolution by consensus, to activate the jurisdiction of the court over the crime of aggression from 17 July 2018 for ICC member states which have ratified the Rome Statute and the amendments on the Crime of aggression. It does not permit retrospective effect and ICC’s prosecutorial power is limited to crime committee one year after ratification or accepted by at least 30 states parties to the statute. Exercise of jurisdiction in two situations:
i. In the case of a RS State Party referral (Article 15 bis): the Court allows to exercise jurisdiction if the amendments have entered into force for both States Parties involved, victim and aggressor.
ii. UN Security Council referrals (Article 15 ter): the Court is able to exercise jurisdiction over crimes committed on the territories or by nationals of States Parties and non-states parties.
when exercised via state referral or proprio motu (initiated by the prosecutor) states parties have option to Opt-out jurisdiction by submitting a declaration, but it must be submitted before the act of aggression is committed.
The answer to the question over whom the Courts have jurisdiction with respect to aggression is to be found in Rome rather than in Kampala, or even in New York.
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