THE ROME STATUTE: A CRITICAL REVIEW OF THE ROLE OF THE SWGCA IN DEFINING THE CRIME OF AGGRESSION

The main theme of this study is how the Rome Statute was created and why, even though article 5 of the ICC Statute brought the prosecution of crimes of aggression under its purview, the court's jurisdiction over such crimes was postponed. In addition, the Special Working Group on the Crime of Aggression (SWGCA), which was particularly influenced by the precedent set by the Nuremberg and Tokyo tribunals, considered the facts and the decisions made in reaching the final description for the crime of aggression. The study will also discuss recent cases involving crimes of aggression that upheld the fundamental rule of individual accountability under international criminal law. The qualitative research methodology has been applied on following article.