ABSTRACT
Aggression is prohibited by rules of international law as a conduct of a State in relation to another State. The determination of the existence of an act of aggression should be considered as a precondition for exercising the International Criminal Court (ICC) jurisdiction over the crime, which should not affect the independence of the Court in determining the guilt or the innocence of the accused. Turning to the ICC, what it really needs is a definition of the crime of aggression that it could operate with, a definition focused more on the criminal behavior of the individual and less on the conduct of the State. According to Article 5 of the Statute, the provisions establishing the conditions for the exercise of the jurisdiction of the Court over the crime of aggression "shall be consistent with the relevant provisions of the Charter of the United Nations".
