ABSTRACT

This chapter summarize the works of the PrepCom from September 2001 to July 2002 and the decisions of the first session of Assembly of States Parties on the issue of the crime of aggression. There were several reasons for organizing a second Trento meeting on the International Criminal Court, dedicated to the crime of aggression. The proposal on the definition of the crime of aggression presented by Bosnia and Herzegovina, New Zealand, and Romania, tried to make a clear-cut distinction between the concept of the crime of aggression —which could give rise to individual criminal responsibility —and the concept of aggression by a State. The great novelty of the proposal is the mechanism introduced for the case in which the Security Council does not make any determination under article 39 or invoke article 16 of the Statute.