The crime of aggression in the national laws of EU Member States, Genocide Network Observer States and Ukraine

The purpose of this paper is to provide a comparative overview of the way in which EU Member States, Genocide Network Observer States and Ukraine have implemented the crime of aggression in their domestic laws. How is the crime of aggression defined in national criminal codes? Have the majority of states adopted the definition provided by Article 8bis of the Rome Statute? Do they exercise universal jurisdiction over this crime, similar to war crimes, crimes against humanity and genocide? The first part of the paper briefly presents the historical evolution of the crime of aggression under international law, looking at how its main components have been shaped from the aftermath of the Second World War up until the adoption of the 2010 Kampala amendments to the Rome Statute. The second part of the paper provides an overview of the national criminal laws of EU Member States, Genocide Network Observer States and Ukraine and takes a look at the English translations of domestic provisions defining the crime of aggression, highlighting common features and main differences. The European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes (the Genocide Network) was established by the Council of the European Union in 2002 to ensure close cooperation between national authorities in investigating and prosecuting the crime of genocide, crimes against humanity and war crimes. The Genocide Network facilitates the exchange of information among practitioners, encourages cooperation between national authorities in EU Member States, and provides a forum for sharing knowledge and best practices. The Genocide Network is supported in its work by its Secretariat, based at the European Union Agency for Criminal Justice Cooperation (Eurojust) in The Hague, the Netherlands. Eurojust helps prosecutors and judicial authorities solve some of Europe’s most serious and complex crimes. Eurojust’s work enables Member States to decide on common strategies and to build synergies that drive concrete operational results. This report has been prepared by the Genocide Network Secretariat and is meant solely for information purposes.