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Aggression Under the Rome Statute

Aggression Under the Rome Statute

Author: Andreas Zimmermann; Elisa Freiburg
Publisher: Hart Publishing
ISBN: 9781509924059
Published In: January 2020
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book aims to offer an in-depth analysis of the crime of aggression as covered by the Rome Statute of the International Criminal Court. Starting from the legal history of its inclusion in 2010, it analyses the relevant articles 8bis, 15bis and 15ter of the Rome Statute – covering the definition of the crime of aggression, the exercise of jurisdiction over the crime of aggression through State referrals and the proprio motu powers of the ICC Prosecutor, and the exercise of jurisdiction over the crime of aggression through UN Security Council referrals. Likewise, the book covers upcoming developments on the crime of aggression and the ICC post-2017. It addresses the various challenges towards activating the Court's jurisdiction, in particular, the necessary vote required for activation, as well as the significant challenges faced by the three ways in which the Court may exercise such jurisdiction.

I. Introduction

1. Background

2. The crime of aggression in the Rome Statute: an overview

3. History of outlawing aggression under international law

4. Structure

II. The crime of aggression under the Rome Statute prior to the Kampala amendments

1. The debate leading up to the “non-inclusion” of the crime of aggression in the Rome Conference

2. Developments during the Kampala Review Conference

3. Preconditions for the exercise of the Court's jurisdiction over the crime of aggression and the legality of the amendment

4. Outlook

III. Definition of the crime of aggression and the underlying act of aggression

1. The origins of the definition adopted in Kampala