Crime of aggression The Crime of Aggression is a crime under the Rome Statute of the International Criminal Court . The definitions and the conditions for the exercise of jurisdiction over this crime was adopted by consensus at the 2010 Kampala Review Conference by the States Parties to the Court . History . In 1998 , at the Rome Conference that adopted the Rome Statute of the International Criminal Court ( " the Statute " ) , the crime was included as one of the crimes within the jurisdiction of the Court ( Article 5 . 1 ) and over which any State that becomes party to the Statute accepts the Court ’ s jurisdiction ( Article 12 . 1 ) . However , participants to the Rome Conference could not agree on the definition of the crime nor on further conditions for the Court ’ s exercise of jurisdiction ; the Statute did not allow the Court to exercise such jurisdiction until these outstanding issues were solved ( Article 5 . 2 ) . At the 2010 Review Conference ( " the Conference " ) , States Parties agreed by consensus to adopt resolution RC / Res . 6 accepting the amendments to the Statute adding the definition of the crime and the conditions for the exercise of jurisdiction over this crime . Definition . Under the Statute , the definition of " crime of aggression " is stated as follows : Exercise of jurisdiction . Under the Statute , the conditions for the exercise of jurisdiction for the " crime of aggression " by the Court are as defined below . With these provisions , the Court may exercise its jurisdiction over the " crime of aggression " in one or all of the following ways . Article 15 bis . Exercise of jurisdiction over the crime of aggression ( State referral , proprio motu ) Article 15 ter . Exercise of jurisdiction over the crime of aggression ( Security Council referral ) Activation of the Court ' s jurisdiction . Since the amendments on the crime of aggression were adopted under Article 121 . 5 , they enter into force for each ratifying State individually . In addition , the amendments require two further conditions to be fulfilled for the Court to exercise jurisdiction , both for state referrals and " proprio motu " investigations ( 15 bis ) and for Security Council referrals ( 15 ter ) : States Parties to the Amendments . As of 11 October 2013 , eleven ( 11 ) State Parties have ratified or acceded to the amendments to the Rome Statute . In 8 May 2012 , Liechtenstein ratified the Amendments on the crime of aggression to the Rome Statute of the International Criminal Court thereby becoming the first state to ratify the amendments . In 13 January 2013 , the amendments were ratified by Luxembourg , the first current non - permanent member of the Security Council to do so . Luxembourg also became the first state to implement the amendments into domestic legislation . because it has revised its criminal code and its code of criminal procedure in February 2012 . During the High - Level Week of the United Nations General Assembly from 25 – 26 September 2013 , the amendments were also ratified by Andorra , Cyprus , Slovenia , and Uruguay , respectively . The states parties are shown in alphabetical order according to their official name within the Assembly of States Parties . " See " Amendments to the Rome Statute of the International Criminal Court for the list of states parties to the amendments . Statements by states . Liechtenstein . Liechtenstein , which served the Presidency of the Review Conference , issued a statement upon ratification to the amendments : Japan . At the Review Conference , Japan issued two statements before and after the adoption of the amendments took place : United States . After its formal participation in the Review Conference as Observer , on 15 June 2010 the United States government held a special briefing on the Conference outlining what they deemed as accomplishments . Related provisions . The following article ( s ) are related with the adopted amendments concerning the provision on " crime of aggression " . Article 13 . Exercise of jurisdiction