====== Rome Statute: crime of aggression ====== //As of 30 September 2026. Information only, not legal advice – see the [[about:disclaimer|disclaimer]].// ^ Full title | Rome Statute of the International Criminal Court – Article 8 bis (Crime of Aggression) | ^ Type | Treaty (Art. 8 bis inserted by amendment) | ^ Adopted by | UN Diplomatic Conference of Plenipotentiaries (Rome); Art. 8 bis adopted by the Review Conference of the Rome Statute (Kampala), resolution RC/Res.6 | ^ Adopted | Statute: 17 July 1998; Art. 8 bis: 11 June 2010 | ^ Legal status | Statute in force since 1 July 2002; 125 States parties (ICC, 1 June 2026). Court's jurisdiction over the crime of aggression activated with effect from 17 July 2018; aggression amendments ratified by 49 States (Global Campaign for the Prevention of Aggression, September 2025); binding on States parties | ^ Official text | [[https://www.icc-cpi.int/publications/core-legal-texts/rome-statute-international-criminal-court|ICC – Rome Statute]] | ^ Subject area | International criminal law; Use of force, intervention and cyber operations | ===== Overview ===== The Rome Statute establishes the International Criminal Court (ICC) with jurisdiction over genocide, crimes against humanity, war crimes and the crime of aggression. Art. 8 bis, adopted at the 2010 Kampala Review Conference, defines the crime of aggression as a leadership crime based on a State "act of aggression" that constitutes a manifest violation of the UN Charter. The Statute contains no provision specific to cyber operations. The ICC Office of the Prosecutor (OTP) has issued a policy stating that the Statute applies to conduct committed or facilitated through cyber means. Art. 8 bis is referred to in debates on whether and when cyber operations may amount to an act of aggression and on individual criminal responsibility for such conduct. ===== Provisions relevant to the cyber and information sphere ===== * **Art. 8 bis(1)** – The "crime of aggression" means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations. * **Art. 8 bis(2)** – An "act of aggression" is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the UN Charter; the provision lists acts drawn from UN General Assembly resolution 3314 (XXIX) of 1974. * **Arts 15 bis and 15 ter** – Conditions for the exercise of jurisdiction over the crime of aggression (State referral / proprio motu; Security Council referral), including exclusion of nationals and territory of non-States parties in the former case. * **Art. 8(2)** – War crimes, including attacks against civilians and civilian objects, which may be committed through cyber means. * **Art. 25(3)(e)** – In respect of genocide, direct and public incitement to commit genocide. * **Art. 70** – Offences against the administration of justice (e.g. interference with witnesses or evidence). ===== Application to cyber and information operations ===== **OTP policy.** The OTP released a draft Policy on Cyber-enabled Crimes under the Rome Statute for public consultation on 6 March 2025 (consultation until 30 May 2025) and launched the final policy on 3 December 2025. The policy states that the Statute applies to conduct that takes place in cyberspace and addresses genocide, crimes against humanity, war crimes, the crime of aggression and Art. 70 offences committed or facilitated through cyber means, as well as questions of digital evidence. The OTP had earlier stated that, in appropriate circumstances, conduct in cyberspace may potentially amount to war crimes, crimes against humanity, genocide and/or the crime of aggression. **Views on cyber aggression.** Whether a cyber operation can constitute "use of armed force" within Art. 8 bis(2) is discussed in State positions on the use of force in cyberspace (see [[law:un:charter]]) and in expert works such as the Tallinn Manual 2.0 ([[law:soft:tallinn_manual]]). No case concerning the crime of aggression committed by cyber means has been brought before the ICC. **Jurisdictional regime.** At a special session of the Assembly of States Parties (New York, 7–9 July 2025) reviewing the aggression amendments, States parties adopted a resolution by consensus committing to the aim of strengthening the Court's jurisdiction over the crime of aggression and agreed to reconvene in a further special session in 2029, with an intersessional meeting in 2027. ===== Recent developments ===== * 2025-03-06: OTP publishes draft Policy on Cyber-enabled Crimes for public consultation (ICC; Lawfare). * 2025-06-25: Council of Europe and Ukraine sign the agreement on a Special Tribunal for the Crime of Aggression against Ukraine, Strasbourg (Council of Europe). * 2025-07-01: Seychelles ratifies the aggression amendments (Global Campaign for the Prevention of Aggression). * 2025-07-07 to 2025-07-09: Special session of the Assembly of States Parties on the review of the aggression amendments (ICC; CICC). * 2025-12-03: OTP launches final Policy on Cyber-enabled Crimes under the Rome Statute (ICC; ASIL). * 2026-06-18 to 2026-06-24: Niger, Burkina Faso and Mali deposit notifications of withdrawal from the Rome Statute with the UN Secretary-General; under Art. 127 withdrawal takes effect one year after the date of receipt of the notification (Human Rights Watch; Amnesty International). * 2026-05-29: Hungary notifies the UN Secretary-General of the withdrawal of its notification of withdrawal from the Rome Statute (ICC statement of 1 June 2026). ===== Related entries ===== * [[law:un:charter]] * [[law:courts:icj_nicaragua]] * [[law:icl:genocide_convention]] * [[law:ihl:ap1]] * [[law:soft:tallinn_manual]] * [[law:national:germany]] ===== Sources ===== * [[https://www.icc-cpi.int/publications/core-legal-texts/rome-statute-international-criminal-court|ICC, Rome Statute of the International Criminal Court]], accessed 2026-09-27 * [[https://www.icc-cpi.int/sites/default/files/2024-05/Rome-Statute-eng.pdf|ICC, Rome Statute (consolidated English text, PDF)]], accessed 2026-09-27 * [[https://www.icc-cpi.int/news/international-criminal-court-welcomes-decision-hungary-remain-state-party-rome-statute|ICC, The International Criminal Court welcomes the decision of Hungary to remain a State Party (1 June 2026)]], accessed 2026-09-27 * [[https://www.hrw.org/news/2026/07/02/sahel-countries-withdrawal-from-icc-betrays-victims|Human Rights Watch, Sahel Countries' Withdrawal from ICC Betrays Victims (2 July 2026)]], accessed 2026-09-30 * [[https://www.amnesty.org/en/latest/news/2026/07/burkina-mali-niger/|Amnesty International, Burkina Faso, Mali, Niger: withdrawal from the Rome Statute (July 2026)]], accessed 2026-09-30 * [[https://crimeofaggression.info/the-role-of-states/status-of-ratification-and-implementation/|Global Campaign for the Prevention of Aggression, Status of ratification and implementation]], accessed 2026-09-27 * [[https://www.icc-cpi.int/news/icc-office-prosecutor-launches-policy-cyber-enabled-crimes-under-rome-statute-address|ICC, OTP launches Policy on Cyber-Enabled Crimes under the Rome Statute]], accessed 2026-09-27 * [[https://www.icc-cpi.int/sites/default/files/2025-12/2025-cyber-eng.pdf|ICC OTP, Policy on Cyber-enabled Crimes under the Rome Statute (December 2025)]], accessed 2026-09-27 * [[https://www.icc-cpi.int/sites/default/files/2025-03/250306-OTP-Policy-on-Cyber-Enabled-Crimes-for-public-consultation.pdf|ICC OTP, Policy on Cyber-enabled Crimes – version for public consultation (March 2025)]], accessed 2026-09-27 * [[https://asil.org/ilib/icc-otp-issues-first-policy-cyber-enabled-crimes/|ASIL, ICC OTP Issues First Policy on Cyber-Enabled Crimes]], accessed 2026-09-27 * [[https://www.lawfaremedia.org/article/icc-office-of-the-prosecutor-releases-draft-policy-on-cyber-enabled-crimes|Lawfare, article on the OTP policy on cyber-enabled crimes released for public consultation (March 2025)]], accessed 2026-09-27 * [[https://lieber.westpoint.edu/cyber-operations-crimes-icc/|Lieber Institute, Cyber Operations as Crimes at the International Criminal Court]], accessed 2026-09-27 * [[https://www.coalitionfortheicc.org/news/summary-article-special-session-crime-of-aggression|Coalition for the ICC, summary of the special session on the crime of aggression (July 2025)]], accessed 2026-09-27 * [[https://www.coe.int/en/web/portal/-/ukraine-and-the-council-of-europe-sign-agreement-on-establishing-a-special-tribunal-for-the-crime-of-aggression-against-ukraine|Council of Europe, Ukraine and the Council of Europe sign Agreement on establishing a Special Tribunal (25 June 2025)]], accessed 2026-09-27 ===== Change log ===== * 2026-09-27: Entry created (draft). * 2026-09-30: Entry reviewed and finalised.