Chances for U.S. Success in Kampala Take a Hit
Brett Schaefer /
In the International Criminal Court (ICC) Review Conference’s discussion of the “crime of aggression,” the U.S. agenda — convincing ICC member states to adopt a version of the “crime of aggression” that would prevent the ICC from investigating or prosecuting individuals for that crime without an express determination by the U.N. Security Council that an act of aggression had been committed — appeared to be gaining speed. This momentum was based on the impact of strong interventions by the U.S., China, and Russia, all of whom urged rejection of proposals that would allow the ICC to proceed with aggression investigations without a determination by the Security Council. Such investigations would be inconsistent with the U.N. charter; would violate customary international law; could criminalize the use of military force in humanitarian operations intended to prevent crimes against humanity, war crimes, or genocide; and could strain international relations if states implement the crime of aggression domestically and apply universal jurisdiction to arrest and try officials of other states for alleged acts of aggression.
Understandably, the member states were wary of dismissing the concerns of these influential states. But a weekend of contemplation and, likely, heavy lobbying by pro-ICC non-governmental organizations and member states that do not want the crime of aggression subject to Security Council decisions apparently revived enthusiasm among many wavering delegates for having multiple triggers for the crime of aggression. (more…)