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Individual Criminal Liability for the International Crime of Aggression

Book | 2nd edition 2015 | World | Gerhard Kemp
Description

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.


About the first edition
‘A successful attempt to provide a working definition of the crime of aggression and the conditions for the exercise of jurisdiction by the ICC thereon. At the same time, it purports to trace the historical development of the norm of aggression and analyse the problematic issues concerning its definition. Using accessible style and language, the author correctly grasps the need for a two-sided approach to aggression, from the point of view of states, as well as of individual criminal responsibility, and touches upon the critical issue of the connection between maintenance of international peace and security and international criminal justice. […]the book provides a thorough and concise analysis of the elements of aggression, one of the most controversial crimes in international criminal law and pinpoints its place in the complex scheme of interplay between collective security and international criminal justice. […] the value of the present title lies in its contribution to the ongoing debate on the interrelation between state and individual responsibility for international crimes – a debate that seems far from being settled.’
Irena Giorgou in 2012 JICJ 712

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780683508 / 9781780685328
Series name Supranational Criminal Law: Capita Selecta
Weight 488 g
Status Available
Number of pages xx + 286 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Nov 27, 2015
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

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  • Table of Contents
  • PART I. INTRODUCTION AND FRAMEWORK OF ANALYSIS
  • Introduction
  • PART II. COLLECTIVE SECURITY AND THE JUS CONTRA BELLUM
  • Chapter I. Aggression in the Context of Collective Security
  • Chapter II. From Jus Ad Bellum to Jus Contra Bellum: The Prohibition of the Use of Force in Normative and Institutional Perspective
  • PART III. THE CRIMINALISATION OF AGGRESSION
  • Chapter III. From Jus Contra Bellum to the Criminalisation of Aggression
  • Chapter IV. The ‘Legacy of Nuremberg’: Establishing Individual Criminal Liability for the Crime of Aggression
  • 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
  • Chapter VI. Drafting and Diplomacy: The Special Working Group on the Crime of Aggression
  • Chapter VII. The Crime of Aggression under the Rome Statute of the ICC
  • PART V. NATIONAL AND REGIONAL CRIMINALISATION AND PROSECUTION OF THE CRIME OF AGGRESSION
  • Chapter VIII. National and Regional Prosecution of the Crime of Aggression
  • PART VI. ANNEXES
  • Annex I. Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression
  • Annex II. Amendments to the Elements of Crimes, Rome Statute of the International Criminal Court
  • Annex III. Understandings regarding the Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression
  • Case Register
  • Bibliography