Amending the Amendment: In Search of an Adequate Procedure for a Revision of the Jurisdictional Regime for the Crime of Aggression in the Rome Statute

Author: Fiona Abken
Published: 13.01.2023
In the wake of Russia’s aggression against Ukraine, the so far often neglected crime of aggression is receiving increased attention. While this attention is currently centred primarily on the establishment of a Special Tribunal for the Crime of Aggression against Ukraine, there is also growing support for an amendment of the jurisdictional regime for the crime of aggression in the Rome Statute (hereinafter: RS). So far, Art. 8 bis RS has remained a dead letter, as States Parties agreed in Kampala on a very restrictive jurisdictional regime deviating from Art. 12 RS. These restrictions become painfully clear in view of the Russian war of aggression.…