Groningen Journal of International Law

International Law Under Construction


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The Challenges of Prosecuting Wars of Aggression

By Benjamin Dürr | mail@benjamin-duerr.de

Twenty years after its creation, the International Criminal Court (ICC) is on the verge of gaining jurisdiction over a new crime, enabling the court to prosecute high-level individuals for waging war. During the annual Assembly of States Parties in December, the ICC’s member states decided to activate the ICC’s jurisdiction over the crime of aggression as of 17 July 2018 – twenty years after the court’s founding treaty, the Rome Statute, entered into force. While the activation is seen as a historic step in international law, the political compromises that enabled it raise doubts about the applicability of jurisdiction over the new crime.

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