Russia’s war of aggression against Ukraine has long made it clear that there are no effective means of prosecuting of the crime of aggression. Although the prohibition of the use of force between states is one of the fundamental norms of international law and the crime of aggression is universally criminalized, there are major gaps when it comes to enforcement. There is thus an urgent need to create an institutional framework that effectively prevents crimes of aggression and enables the prosecution of state leaders.
At the moment, the International Criminal Court (ICC) can only prosecute those responsible for crimes of aggression to a limited extent. If either the aggressor state or the state attacked are non-states parties to the Rome Statute, then the ICC in principle has no jurisdiction. And, currently, even states parties to the Rome Statute can opt out of this jurisdiction if they so choose. This means that the scope of the ICC's jurisdiction over the crime of aggression is in key respects significantly more restricted than its jurisdiction over other core crimes – namely genocide, crimes against humanity and war crimes. Only with the authorization of the UN Security Council can the ICC prosecute acts of aggression committed by nationals of a state that has not consented to its jurisdiction. This generates gaps in criminal prosecution and especially emboldens powerful states to evade responsibility.
The opportunity to reform the Rome Statute must not be missed
The aggressions of recent decades serve as painful reminders that reform is urgently necessary. With this in mind, states parties to the ICC must seize on an upcoming opportunity to amend the Rome Statute. They have committed to evaluating the provisions concerning the crime of aggression in 2025, which represents a unique chance to make the long-overdue adjustment: The court needs to be able to prosecute the crime of aggression under the same conditions as the other core crimes. This would ensure that more states fall under the ICC’s jurisdiction and that crimes of aggression can be prosecuted more effectively worldwide. This constitutes a decisive step towards protecting smaller states in particular, ending impunity and strengthening the credibility of international justice institutions.
Therefore, the human rights organization ECCHR, together with other civil society organizations, has published a statement calling on all states parties to advocate for this long-overdue reform.
As part of this year’s 23rd Assembly of States Parties to the ICC in The Hague, ECCHR, together with other civil society, academic and state actors, is hosting the side event “Reviewing the ICC’s Jurisdiction over the Crime of Aggression: Addressing a Double Standard in International Law” on 4 December 2024. The aim of the discussion is to identify ways to reform the ICC's jurisdiction. As an annual meeting of the states parties, the assembly provides an important platform to push forward toward the necessary reform. Without resolute political will, this chance could become a missed opportunity – with devastating consequences for international criminal law and global peace.
The complete statement is available here.
More information about the side event at the Assembly of States Parties can be found here.
