The International Criminal Court and the Crime of Aggression

The International Criminal Court and the Crime of Aggression - Panel 4

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Case Western Reserve University School of Law

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September 26, 2008
War Crimes Research Symposium presented by the Frederick K. Cox International Law Center
Panel 4 A Roundtable Discussion about the Process by which Aggression is Included in the Statute and its Effect on Non-Party States
Moderator: Don Ferencz, Director, The Planethood Foundation, Prof. M. Cherif Bassiouni, DePaul University College of Law, Prof. Roger Clark, Rutgers University School of Law, Astrid Reisinger Coracini, University of Graz, Austria, Stefan Barriga, Counsellor/Legal Adviser, Permanent Mission of Lichtenstein to the U.N.
Summary: Sixty years ago, the Nuremberg Tribunal convicted the Nazi leaders of waging a war of aggression, prompting Nuremberg Prosecutor Robert Jackson to declare that this was the most important contribution of the Nuremberg Tribunal. Until the advent of the International Criminal Court, however, none of the modern international tribunals had been given jurisdiction over the crime of aggression. But the ICC Statute stipulates that before the Court can exercise jurisdiction over this crime the States Parties must adopt a provision at the Review Conference (scheduled for 2010) setting forth a definition of aggression and the conditions under which the Court could exercise its jurisdiction over it. The ICC Assembly of State Parties has set up a Special Working Group on the Crime of Aggression, whose work is in progress, but the United States has refused to participate in the proceedings.
In an effort to advance the initiative, Case Western Reserve Universitys Frederick K. Cox International law Center and the above named co-sponsors are hosting a symposium and experts meeting, featuring foremost academic and international experts on the topic of the ICC and the Crime of Aggression. The Report of the Experts Meeting, along with articles generated from the symposium, will be published in the spring 2009 issue of the Case Western Journal of International Law, copies of which will be provided to the participants of the ICC Special Working Group and the members of the Assembly of State Parties.