CRIME OF AGGRESSION UNDER THE ROME STATUTE AND EXCLUSION OF UNILATERAL HUMANITARIAN INTERVENTION

Unilateral humanitarian intervention is one of the most controversial issues in international law and relations. This controversy arises from the fact that while it serves a praiseworthy practice such as saving people suffering from gross human rights violations, it is illegal under international law. This article examines how this illegality fits the definition of the crime of aggression under the Rome Statute of the International Criminal Court. The main contention is that while the doctrine of unilateral humanitarian intervention constitutes an illegal practice of international relations, the International Criminal Court is not able to try the persons ordering military interventions for humanitarian purposes. This arises mostly because unilateral humanitarian intervention is in a “grey area” of international law