Prosecuting the Crime of Aggression In the International Criminal Court

BY JOHAN D. VAN DER VYVER — The crime of aggression was included in the subject-matter jurisdiction of the International Criminal Court (ICC) (Article 5(1)(d) of the ICC Statute), but the competence of the ICC to prosecute aggression was made subject to the adoption of a definition of the crime and of the circumstances under which the ICC could exercise jurisdiction (Article 5(2)). Following years of intensive deliberations, the matter was finally settled by a Review Conference of the International Criminal Court that was held in Kampala, Uganda on May 31 through June 11, 2010.