Why have there been no prosecutions for crimes of aggression since the post-World War II trials?
There have been no prosecutions for crimes of aggression since the post-World War II trials because establishing individual criminal responsibility for such acts remains a complex and unresolved challenge in international law.1
While the International Criminal Court (ICC) has jurisdiction over the crime of aggression, its ability to exercise this authority has been hindered by the lack of a universally accepted definition suitable for individual criminal prosecutions. Furthermore, there is no consensus regarding the role the United Nations Security Council should play in determining when an act of aggression has occurred.1
Unlike genocide, crimes against humanity, and war crimes, which have gained widespread acceptance in national legal codes and international tribunals, the crime of aggression has not been incorporated into most domestic jurisdictions. Consequently, while the legal framework for prosecuting individuals for other international crimes has evolved significantly, the path to prosecuting aggression remains elusive due to these persistent political and legal disagreements.1