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BACK TO THE ILC’S LEGISLATIVE HISTORY: CODE OF CRIMES AGAINST THE PEACE …
difficult issue was to set up special conditions for the exercise of jurisdiction of the
ICC over the crime of aggression.
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The main elements of the definition of the crime of aggression in Article 8 bis
include:
– „crime of aggression“ means the planning, preparation, initiation or execution,…
of an act of aggression;
– leadership clause (by a person in a position effectively to exercise control over or
to direct the political or military action of a State); and
– manifest violation of the Charter of the United Nations.
The act of aggression, defined in para. 2, means „the use of armed force by a State
against the sovereignty, territorial integrity or political independence of another State,
or in any other manner inconsistent with the Charter of the United Nations“. The
definition refers to GA resolution 3314 (XXIX) of 14 December 1974, reproducing
most, but not all paragraphs of this resolution.
All in all, the overview of the legislative history within the ILC may shed light
on the complicated aspects of the definition of the crime of aggression. In addition,
a better knowledge of its long history could help to understand that the entry into
force of the Kampala amendments also might be a longer way than expected.
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Cf.
Art. 15 bis and Art. 15 ter of the Statute; Resolution RC/Res.6 (2010).