ABSTRACT

This chapter aims to determine whether the International Criminal Court (ICC) needs to have a definition of aggression of its own or whether a definition under general international law is enough for the Court to undertake its tasks in connection with the crime of aggression. It explores the question of the relationship between the ICC and the Security Council, with a view to clarifying the conditions for the exercise of the Court's jurisdiction over the crime of aggression. The relationship between the Court and the Security Council has probably caused more controversy and consumed more time than any other issue related to the Statute. There is no ambiguity in that the Charter of the United Nations entrusts the Security Council with the task of determining the existence of any act of aggression in accordance with Articles 39 and 24. The only authoritative and universally agreed definition of aggression is annexed to General Assembly resolution 3314 adopted on 14 December 1974.