The issue of the applicability of the crime of aggression in international law

The crime of aggression, which was established to punish individuals holding leadership status in states for grave uses of armed force against other states and whose jurisdiction by the International Criminal Court began on July 17, 2018, faces difficulties in finding application area today due to various legal and practical reasons. It is witnessed that such uses of armed force, referred to as acts of aggression, are repeatedly carried out by various actors around the world. Indeed, despite this fact, the role of the aforementioned legal and practical difficulties cannot be denied in the inability to conduct a trial for a crime of aggression at the International Criminal Court up to the present day. The types of uses of armed force by states that may give rise to the crime of aggression and the circumstances under which such uses of force are not contrary to international law are also controversial issues. In this study, firstly, the historical development of the crime of aggression and the concepts directly related to the crime are observed. Following these observations, a detailed examination of the crime has been conducted in accordance with international criminal law in order to reveal the legal aspects of the crime. In the last part of the study, the problems encountered in the implementation of the crime of aggression, as well as the potential problems that may be encountered in the future, have been identified and legal opinions have been shared by examining the controversial issues that are likely to give rise to the crime. Finally, legal changes have been recommended to eliminate the difficulties in the implementation of the crime and to make it possible to ensure international peace and security by punishing those in leadership status who use states as a tool to show aggression against other states, which is the main purpose of the crime.