Criminal Law

Individual Criminal Liability for the International Crime of Aggression 2nd Edition

By Gerhard Kemp
Intersentia Publishers December 2015

Specifications

ISBN-13
9781780683508
Publisher
Intersentia Publishers
Publication
December 2015
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The chequered history of the criminalisation of aggression as a crime under international law has reached an important milestone with the adoption of the Kampala Resolution on the Crime of Aggression (2010). This resolution provides for the definition of the crime of aggression to be included in the Rome Statute of the International Criminal Court, as well as for conditions for the exercise of ICC jurisdiction over the crime.

The second edition of this volume contains an overview and discussion of the historical and normative processes (legal and political) that culminated in the adoption of the Kampala Resolution. The different components of the resolution are critically assessed against the background of the various political and legal responses to aggression, while taking into account contemporary developments in the field of international criminal law.

The volume is primarily but not exclusively concerned with the crime of aggression under the Rome Statute. It also includes a chapter on national and regional criminal justice responses to aggression, notably developments concerning the amendments to the Protocol on the Statute of the African Court of Justice and Human Rights, which also provides for the criminalisation of aggression.

Table of Contents

PART I. INTRODUCTION AND FRAMEWORK OF ANALYSIS
Introduction (p.
1)
PART II. COLLECTIVE SECURITY AND THE JUS CONTRA BELLUM
Chapter I. Aggression in the Context of Collective Security (p.
15)
Chapter II. From Jus Ad Bellum to Jus Contra Bellum: The Prohibition of the Use of Force in Normative and Institutional Perspective (p.
47)
PART III. THE CRIMINALISATION OF AGGRESSION
Chapter III. From Jus Contra Bellum to the Criminalisation of Aggression (p.
71)
Chapter IV. The ‘Legacy of Nuremberg’: Establishing Individual Criminal Liability for the Crime of Aggression (p.
101)
PART IV. THE INTERNATIONAL CRIMINAL COURT AND THE CRIME OF AGGRESSION
Chapter V. The Inclusion of Aggression in the Rome Statute of the International Criminal Court (p.
123)
Chapter VI. Drafting and Diplomacy: The Special Working Group on the Crime of Aggression (p.
147)
Chapter VII. The Crime of Aggression under the Rome Statute of the ICC (p.
177)
PART V. NATIONAL AND REGIONAL CRIMINALISATION AND PROSECUTION OF THE CRIME OF AGGRESSION
Chapter VIII. National and Regional Prosecution of the Crime of Aggression (p.
189)
PART VI. ANNEXES
Annex I. Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression (p.
257)
Annex II. Amendments to the Elements of Crimes, Rome Statute of the International Criminal Court (p.
263)
Annex III. Understandings regarding the Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression (p.
265)
Case Register (p.
267)
Bibliography
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