CRIMINALIZATION OF AGGRESSION IN INTERNATIONAL LAW: THE ROLE AND POSITION OF AFRICAN STATES

Izunna Isdore Ozuo

Abstract


On 17 July 2018, the International Criminal Court’s jurisdiction over the crime of aggression, pursuant to Resolution ICC-ASP/16/Res.5 adopted by the Assembly of State Parties, was activated. A great deal has been written about the history of the crime. However, the contribution of African States to the criminalisation project of aggression – through no fault of the authors – is largely ignored in academic literature. This paper attempts to fill that gap by paying special attention to the role and position of African States in reading the history of the crime of aggression in the Rome Statute. This history is addressed in three ways: first, the interwar year attempts at criminalizing war through to the 1990s; secondly,s the negotiations at the Eternal city that give birth to the Rome Statute; and thirdly, the compromise reached at Kampala by the international community. The work concludes by noting the historic adoption of Resolution ICC-ASP/16/Res.5 on 14 December 2017.

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