ABSTRACT

If the establishment of the International Criminal Court (ICC) can be pictured as the conquest of the West, then aggression is the last frontier. The author can remember, at those early times of the ad hoc Committee on the ICC, the various arguments which were heard against including aggression in the jurisdiction of the ICC. The international crime, that is, can only be the war of aggression, not aggression pure and simple. Despite the fact that the application of the notion of "war of aggression" seems to be neither workable nor desirable, we have to admit that there is a need for some qualifier so as to criminalize acts which are of a certain importance. Several possibilities could be examined, one of them employed by the Egyptian-Italian proposal which refers to the known formula of "sufficient gravity" in qualifying the acts constituting aggression –an idea which was taken up by the revised Greek-Portuguese proposal.