ABSTRACT

The Commission shall submit proposals to the Assembly of States Parties at a Review Conference, with a view to arriving at an acceptable provision on the crime of aggression for inclusion in Rome Statute. The articulation of an adequate relationship with the Security Council was one of the most sensitive issues during the drafting of the Rome Statute. The exclusivity of the Security Council to determine an act of aggression was contested by those who underlined the fact that the U. N. Charter also assigned competence in the area of the maintenance of peace and security to several organs. The International Law Commission included aggression in its draft Statute for an International Criminal Court but, as was the case for the other crimes, did not provide a definition. The crime of aggression should not be treated differently than the crimes within the jurisdiction of the Court.