The Definition of the Crime of Aggression: A Historical and Analytical Study of the International Law Instruments

Abstract

The issue of the use of armed forces and aggression by one state against the sovereignty and independence of another state is highly controversial and debatable in international law. Accordingly, from ancient times until the 21^st century, the definition of the crime of aggression was not established. Various efforts have been made over the past century to define the crime of aggression at the international level, which ultimately resulted in the crime of aggression being included in the Statute of the International Criminal Court, and later through amendments to the Statute, the crime of aggression was defined and its specific elements were determined. This research aims to outline the efforts made to define the crime of aggression and clarify its definition and concept considering international law instruments. This is doctrinal research that examines the topic using historical and analytical methods. The definition of the crime of aggression has been clarified according to key legal instruments of international law. The research findings indicate that the crime of aggression is the planning, preparation, starting, or carrying out the act of aggression by the political or military authorities of a state. This act, by its nature, gravity, and scope, should violate the charter of the United Nations. Additionally, the crime of aggression involves the use of armed forces by one state against the political independence, territorial integrity, or sovereignty of another state.