Aggression: Supreme International Offence Still in Search of Definition

Jackson N. Maogoto, University of Newcastlle

Abstract

The consequence of the state of lawlessness that permitted States to wage war even on flimsy reasons was not fully appreciated until World War I when primitive barbarism and modern technology came together to result in enormous bloodshed and massive atrocities. The deep impression on public opinion opened the door to vigorous condemnation of aggression and a move at the international level to outlaw it. Though aggression continues to pose one of the greatest threats in the efforts to create a peaceful and stable world public order, the definition of aggression steeped as it is in political and legal quagmire continues to prove elusive. Despite being at the centre of discussion in the development of international law for many decades, just as it eluded the League of Nations in the past, so the definition of aggression continues today to elude the United Nations. Progress is more marked by the volumes of international documents produced rather than any seeming linear progression towards a singular and generally accepted definition. Not even the overwhelming support for the international criminal court in 1998 proved sufficient to translate into a consensus amongst States on the issue of defining this crime.