The crime of aggression, prosecuted after the Second World War under the rubric 'crimes against peace'1, is a crime under customary international law2. Although there is uncertainty over the precise customary parameters of the crime3, a definition of the crime of aggression4 has been agreed for the purpose of prosecution before the International Criminal Court5. The definition is framed around the distinction between a crime of aggression, comprising conduct by an individual for which the individual bears criminal responsibility, and an act of aggression, comprising conduct by a state.
The material elements of the crime of aggression are defined in
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