The Negotiators How 193 Countries Agreed on the Crime of Aggression
Dec 1, 2025
Zeid Ra’ad Al Hussein, a seasoned diplomat and human-rights lawyer, shares his experiences from leading negotiations on the crime of aggression in Kampala. He discusses the challenges of reconciling political divides among 193 countries and the complexities of defining aggression. Zeid reveals how time pressure and a motivational pep talk from Nuremberg prosecutor Ben Ferencz helped secure consensus. He recounts pivotal moments such as peeling the UK away from P5 opposition and the dramatic late-night drafting that ultimately led to a historic agreement.
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Leadership Liability Is Central
- The crime of aggression targets leaders, not just low-level perpetrators.
- Zeid Ra’ad Al Hussein stresses this made negotiations uniquely sensitive and complex.
Three Pillars Framed The Talks
- Three issues dominated Kampala: definition, jurisdiction, and amendment procedure.
- Zeid warns the grounds for jurisdiction and the amendment route were the hardest to resolve.
Security Council Tension Was Structural
- The UN Security Council’s Article 39 created a built-in tension over who determines aggression.
- That tension required fallback mechanisms for ICC jurisdiction if the Council did not act.