ABSTRACT

The author believes that to deal with the issue of aggression, as in so many areas related to the International Criminal Court (ICC), such as constitutional conformity or the practical application of the Statute, it is essential to view the Court against the background of our present world legal order. The Charter is mute concerning international criminal responsibility of individuals and does not even address the issue of the crime of aggression, whether committed by individuals or States. It is not surprising that several interpretations of the Charter sprouted in the Preparatory Commission of the ICC. It seems that there has been no lack of imagination or initiative to propose compromise models in the Preparatory Commission. However, in order to advance the work and find the political consensus that is missing, the study of substantive proposals is as important as a procedure conducive to obtaining results.