From Takashi Sakai to Kampala. China and the Criminalization of Aggression through the Looking Glass of the Dichotomy Justice and Maintenance of Peace and Security

Since the post-war ad-hoc tribunals in Nuremberg and Tokyo (1945), the outlawry of war and the attribution of individual liability for international crimes have shaped the tensions between justice and maintenance of international peace and security. The crime of aggression, originally prosecuted under the charges of crimes against peace, has set the most fertile ground for those tensions to grow.
In the convoluted process that led to the International Criminal Court, China – both as single state and permanent member of the Security Council – has proved its interest and support for the development and codification of the crime but it has also shown systematic reservations and setbacks. The paper tries to investigate the state-behavior throughout the development of the crime of aggression, to understand its inclination upon those tensions, and to interpret them building on a unique rationale that synchronizes national and international political mechanisms with the country culture.