The Crimeof Aggressionand Humanitarian Interventionin International Law

Abstract

This paper seeks to analyze the problem of interpreting the crime of aggression in international law based on the historical development of the term from its earliest evolution to its contemporary understanding. There is a complexintersectionbetween humanitarianintervention activities and the crime of aggression. Over the years, the definition of the crime of aggression has been confronted with a myriad of challenges and obstacles which affect an unambiguous understanding of the exact definition of the crime of aggression. This paper seeks to resolve the overlap that exists between a bona fide humanitarianintervention and the crime of aggression in international law. The idea is to ensure that those who get involved in any bonafide humanitarian intervention are exempted from prosecution for aggression. In other words, the concept of aggression should be defined and enforced without disproportionately discouraging and hampering any form of humanitarian intervention. This papersubmits that any form of disparity that existscan be put right and remedied bygranting the International CriminalCourt exclusive jurisdiction to investigate and prosecute the crime ofaggression. The ultimate purpose is to ensure that state leaders and officials who use armed forces in a foreign country for legitimate humanitarian reasons do not get prosecuted for the crime of aggression.