ONE STEP FORWARD, TWO STEPS BACK: HARMONIZING THE ICC’S JURISDICTION OVER THE CRIME OF AGGRESSION

Abstract

The Israeli-Palestinian conflict, ongoing military conflicts worldwide, and Russia's invasion of Ukraine have become major concerns in today's international affairs. These events highlight the urgent need for effective global mechanisms to hold those responsible for acts of aggression accountable. Currently, the International Criminal Court (ICC) faces significant hurdles in prosecuting the crime of aggression. Unless the matter is referred by the UN Security Council—a rarely used and highly politicized process—the Court has no jurisdiction over cases involving non-States Parties, whether they are aggressors or victims. States Parties may also choose not to grant the Court jurisdiction over the crime of aggression (CoA). Compared to the ICC's jurisdiction over the other three core crimes, which are not limited by the same legal constraints, this situation is quite different. From July 7 to July 9, 2025, the Assembly of States Parties (ASP) held a special meeting at the UN in New York to address this urgent issue. The goal of this meeting was to align the ICC's jurisdiction over the CoA with its authority over the other three core crimes. This paper examines the outcomes of this significant meeting and its potential impact on the future of the ICC.