A Brief Commentary on the Resolution on the Activation ofthe ICC Jurisdiction over the Crime of Aggression


Abstract: On 14 December 2017, the Assembly of States Parties to the Statute of the International Criminal Court adopted by consensus a Resolution on the activation of the Jurisdiction of the Court over the crime of aggression. However, this Resolution contains an element of interpretation which seems to have given an answer to an important debate that preceded the activation of the jurisdiction over the crime of aggression. This article is a continuation of a previous study that attempted to explain the problem and the options for interpreting the Kampala Amendment. Thus, the present study proposes a brief analysis over the interpretative solution that has been suggested in the text of the Resolution and appears to be confirmed by the reactions of the States, following the adoption of the Resolution,

Key Words: International Criminal Court, crime of aggression, activation of jurisdiction, Kampala Amendment

*Ion Gâlea is Senior Lecturer in Public International Law and International Organiazations at the University of Bucharest, Faculty of Law. He held the position of director general for legal affaris (legal advisor) within the Ministry of Foreign Affairs of Romania between 2010 and 2016. Since 2016, he is the Ambassador of Romania to the Republic of Bulgaria. The opinions expressed in this paper are solely the author’s and do not engage the institutions he belongs to.

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