Analisis Yuridis Kejahatan Agresi Dalam Perspektif Hukum Pidana Internasional

Abstract

The crime of aggression is the use of armed force by a state against the sovereignty, territorial integrity, or political independence of another country, and is categorized as the most serious violation of international law. The analysis shows that the Rome Statute now provides a clear definition of the Crime of Aggression, distinguishing it into two main elements: the act of aggression committed by the state and the leadership role by the individual who plans, prepares, initiates, or carries out such acts. While this recognition represents significant progress in the fight against impunity, there are significant structural challenges in enforcing it. The biggest challenge lies in the ICC's jurisdictional activation mechanism, which requires a referral from the UN Security Council or a decision of the relevant state party, so it is potentially influenced by political considerations. Reliance on political bodies such as the UN Security Council can impede the independence of the international criminal justice process.