The activation of the International Criminal Court's jurisdiction over the crime of aggression: International institutional law and dispute settlement perspectives

In 2017 the plenary organ of the ICC, the ASP, adopted Resolution ICC-ASP/16/Res.5, activating the Court's jurisdiction over the crime of aggression; and confirming an interpretation of the Rome Statute. While the characterization of this Resolution as either a subsequent agreement or subsequent practice under Article 31(3) VCLT is relevant to treaty interpretation of the Rome Statute, this article submits that this Resolution is clearly a Rule of the International Organization, taken by one of its organs. Resolution ICC-ASP/16/Res.5 may constitute a ‘relevant rule’ of interpretation with regard to the Rome Statute, thereby taking precedence over the general rules of interpretation in Articles 31 and 32 of the VCLT; particularly when the interpreter is an organ of the ICC. If a dispute arises with regard to the interpretation of the Rome Statute on the crime of aggression, a specialist regime at the ICC exists for the settlement of disputes.