Third, such a State act must amount to an act of aggression in accordance with the definition contained in General Assembly Resolution 3314, and it must, by its character, gravity and scale, constitute a manifest violation of the UN Charter. Second, the Court must prove that the perpetrator was involved in the planning, preparation, initiation or execution of such a State act of aggression.
a “person in a position effectively to exercise control over or to direct the political or military action of a State”. In essence, three elements are required:įirst, the perpetrator must be a political or military leader, i.e. 8bis in the Rome Statute of the ICC adopted at the 2010 Review Conference in Kampala. The crime of aggression is defined in art.
