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May 15, 2026Journal of Anbar University for Law and Political Sciences0 citationsOpen Access

The crime of aggression - the jurisdiction of the International Criminal Court between suspension and activation

AAAbdulSalam Khalaf Aboud al-Hawija

Key Points

  • The aim is to examine the jurisdictional challenges faced by the International Criminal Court concerning the crime of aggression.
  • Analysis of international legal frameworks and diplomatic agreements
  • Discussion of key conference outcomes affecting ICC jurisdiction
  • Exploration of relationships between the UN Security Council and ICC jurisdiction
  • The ICC's jurisdiction over aggression remains postponed due to international political disagreements and reliance on the UN Security Council.
  • The Kampala Review Conference led to proposed amendments for the ICC to eventually include aggression, clarifying the Court's jurisdictional exercise.
  • Legal and political arguments prompted the deferral of aggression prosecution until adequate international consensus is achieved.

Abstract

          The act of aggression is considered one of the most serious international crimes. International efforts have resulted in a definition of the crime of aggression as a result of these efforts and those roles undertaken by the United Nations in particular, despite the major international differences, which some major countries saw no need to define because of the availability of the original jurisdiction of the UN Security Council. As his authority to recognize aggression or not under the provisions of the Charter, which because of those positions were unable to support the definition of it and the drafters of the statute of the International Criminal Court to include that crime as the subject matter jurisdiction of the Court.      The results of the Rome Diplomatic Conference, after clarifying the various legal and political arguments of the states, resulted in postponing the ICC’s initiation of this crime until a time when international efforts can once again put a provision in line with the text of Articles 121-123 of the Statute in accordance with the rules of amendments contained in this system. To be followed by an amendment to Article (5) by deleting its second paragraph and replacing it with Article (8 bis) in accordance with the Kampala Review Conference, which was able to include that crime in the substantive jurisdiction of the Court by clarifying the Court’s actual exercise of jurisdiction, the referral and the timings to which the Court was subjected as a dependency relationship with the UN Security Council. 

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Cite This Study

AbdulSalam Khalaf Aboud al-Hawija (2022) studied this question.

synapsesocial.com/papers/6a06b7eae7dec685947aa924https://doi.org/10.37651/aujlps.2023.177011
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1The ICC Limits in Prosecuting the Crime of Aggression: Re-examining Article 15 Bis 5 of the Rome Statute in the Context of Russia’s Invasion of Ukraine2026
  2. 2On Recent Events Concerning the Crime of Aggression2025 · 1 citations
  3. 3Accountability for the Crime of Aggression against Ukraine2024 · 1 citations
  4. 4Extending universal jurisdiction to the crime of aggression: An empirical-legal analysis of the status of customary international law2026
  5. 5THE WAY TO JUSTICE RESTORATION IN COUNTERACTION TO THE CRIME OF AGGRESSION2024