Legal Effects of the Ratification by Italy of the Amendments to the icc Statute on Aggression

Abstract

Through the adoption of Law No. 202/2021 on the ratification of the amendments to the Statute of the International Criminal Court, among other things Italy accepted the icc’s jurisdiction over the crime of aggression. This comment argues that with respect to proprio motu investigations and States Parties’ referrals, the scope of such jurisdiction depends on the interpretation of Articles 15bis(4) and 15bis(5) of the Statute. The ratification has two additional implications. First, conducts committed by Italian nationals in the context of international military operations may be scrutinized by the icc. Second, the Italian legislator should enact domestic legislation criminalizing the crime of aggression in order not to incur the violation of an obligation to cooperate with the Court pursuant to Part 9 of the Statute.