NORMATIVE DEVELOPMENT OF THE CRIME OF AGGRESSION: THE KAMPALA AMENDMENTS TO THE ROME STATUTE OR THE MALABO PROTOCOL?

Izunna Isdore Ozuo

Abstract


At the 2010 Review Conference of the Rome Statute held in Kampala, Uganda, the international community adopted amendments on the crime of aggression to the Rome Statute (“the Kampala amendments”). However, African States, few years after the Kampala amendments, adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (“the Malabo Protocol”) which, inter alia, criminalised aggression with a definition markedly different from that contained in the Kampala amendments, and conferred on the „African Court‟1 with jurisdiction over the crime of aggression.2 In other words, African States are faced with two different and somewhat competing statutes on the crime of aggression in need of ratification. To this end, this contribution seeks a comparative review of these two instruments in the light of „acceptable‟ norms of international criminal law in order to determine the ratification focus of African States. The contribution, in engaging with these instruments, finds that the crime of aggression as contained in the Kampala amendments to the Rome Statute leaves much to be desired.

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