7 - Prosecuting Crimes of Aggression

Summary

Chapter 7 analyses a range of practical issues that the ICC can expect to encounter in prosecuting the crime of aggression, including implications for judicial elections and the staffing of the Court; the identification of the ‘victims’ of the crime for the purposes of victims’ participation and reparation; and how the obligation of States Parties to cooperate with the Court in the investigation and prosecution of Rome Statute crimes will work in relation to aggression. The chapter next considers the issues likely to arise in the context of domestic prosecutions, including the bases of criminal jurisdiction that may be relied upon, and challenges that will arise, including those relating to immunities, securing the presence of the accused and the necessary evidence, as well as the taint of victor’s justice and the risk associated with non-expert judges interpreting the definition of the crime of aggression. The chapter also canvasses the contemplated review of the amendments and suggests proposals for reform. Finally, the chapter concludes with an assessment of the geopolitical impact of the crime of aggression amendments.