The Definition, Elements and Conditions for the Exercise of Jurisdiction over the Crime of Aggression

The definition and conditions for exercise of jurisdiction over the crime of aggression has been returned to Review Conference that is convened every seven years after entry into force of statute, in latest days of Rome Conference has resulted to ratification of the International Criminal Court Statute. Article5 (1)(d) of the statute, has recognized jurisdiction over the crime of aggression. But article 5 (2) has predicted that exercising jurisdiction over this crime will begin when according to articles 121 and 123 of the statute, regulations about definition and conditions for exercise of jurisdiction over the crime of aggression is approved.Finally, on 11 June 2010, the first Review Conference of the Rome Statute after hot and long discussions and negotiations within preliminary commission for establishing court and special working group on the crime of aggression has passed resolution RC/Res.6 (adopted at the 13th plenary meeting, on 11 June 2010, by consensus). However, the court shall exercise jurisdiction over the crime of aggression, subject to a decision to be taken after 1 January 2017.Some questions are arising here, what are aggression and elements of it? What are conditions for exercise of jurisdiction over the court? What is the Security Council’s role in determination of aggression?This paper will have a brief view on the international measures that have resulted in convening of the Kampala Agreement and will explain the definition, elements and conditions for exercise of jurisdiction with respect to the crime of aggression.