The Working Group on aggression has tackled both main issues referred to in article 5 of the Rome Statute and Resolution F, namely the definition of the crime and the conditions of exercise of jurisdiction by the Court. For some participants these two issues are closely interrelated to the point that one cannot be considered without the other. Without prejudice to the substance of this view, in practice, a separate debate has taken place to allow an orderly discussion of each aspect of the problem.
Discussions during and after Rome demonstrate that there is no easy solution to any of the problems raised. In light of the difficulties to be faced, some continue to argue that aggression should have never been included in the Statute in the first place. Whether they are right or wrong is irrelevant today. The Statute has been adopted and will soon enter into force. The international community needs now to act upon decisions that were made at the Rome Conference both to include the crime and to mandate the PrepCom to draft proposals with the view of implementing this inclusion at a review conference. All those who promote the establishment of a universal Court, regardless of their position with regard to the crime of aggression, are required to negotiate in good faith in order to seek an adequate answer to the problem. Failure to do so could undermine the credibility of the process and weaken support for the Court.
Silvia A. Fernandez de Gurmendi,
The Working Group On Aggression At the Preparatory Commission For the International Criminal court,
25 Fordham Int'l L.J. 589
Available at: https://ir.lawnet.fordham.edu/ilj/vol25/iss3/3