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Making Aggression a Crime Under Domestic Law: On the Legislative Implementation of Article 8bis of the ICC Statute

Making Aggression a Crime Under Domestic Law: On the Legislative Implementation of Article 8bis of the ICC Statute

Author: Annegret Hartig
Publisher: T.M.C. Asser Press
ISBN: 9789462655904
Published In: April 2023
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,861.00

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Description
Contents

Details

This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the "supreme international crime" that gave birth to international criminal law in Nuremberg, its ICC Statute definition has been incorporated into domestic law by fewer than 20 States. The crime of aggression was also omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current inability of the International Criminal Court to respond to the Russian aggression towards Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression.

The fundamental issues discussed in this volume include the obligation to criminalize aggression, the core wrong of the crime, the normative gaps under domestic law and the jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition into domestic law, the geographical ambit of domestic jurisdiction-most notably universal jurisdiction-as well as legal challenges such as immunities.

The book is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of interest contained within it.

Chapter 1. Introduction

Chapter 2. An Obligation to Criminalize Aggression Under Domestic Law?

Chapter 3. The Core Wrong of the Crime of Aggression

Chapter 4. Mapping the Normative Gaps Under Domestic Law

Chapter 5. The Restricted Jurisdictional Regime of the International Criminal Court

Chapter 6. Options for Incorporating the Definition of the Crime of Aggression into Domestic Law

Chapter 7. Legislative Specification of the Geographical Ambit of Domestic Criminal Jurisdiction

Chapter 8. Legal Challenges for Foreign Adjudicative Jurisdiction

Summary and Final Conclusions

Annex

Index