A Brand New Definition for the Crime of Aggression: The Kampala Outcome

in Nordic Journal of International Law
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

At the first Review Conference of the Rome Statute of the International Criminal Court, which was held in Kampala in 2010, the negotiations on the crime of aggression resulted in a complex package, at the core of which are the definition of the crime and the conditions for the exercise of the Court’s jurisdiction over it. This article examines the definition of the crime of aggression, as enshrined in the new Article 8 bis, considering the various parts of that package as well as the existing practice and case law. On the basis of this analysis, it evaluates the relevance of the Kampala definition to the evolution of customary international law.

A Brand New Definition for the Crime of Aggression: The Kampala Outcome

in Nordic Journal of International Law

Sections

References

25)

SC Resolution 660 (1990) of 2 August 1990. As for the subsequent resolutions concerning the Iraqi invasion of Kuwait see UN Doc. PCNICC/2002/WGCA/L.1 supra note 24 p. 121.

34)

ICC–ASP/6/20/Add.1supra note 28 p. 12 para. 24.

38)

RC/11supra note 8 Annex III p. 47 para. 16. See also the statement of the Head of the US delegation and Department of State Legal Adviser Harold Hongju Koh at the Kampala Review Conference of 4 June 2010 < www.state.gov/s/l/releases/remarks/142665.htm > visited on 12 January 2012.

39)

ICC–ASP/8/INF.2supra note 4 Annex II Appendix II p. 16 para. 7 and p. 19 para. 26.

46)

Judgmentibid. pp. 171–341 at p. 226.

50)

Judgment on Appealibid. pp. 1097–1143 at pp. 1109 et seq.

54)

ICC–ASP/6/20supra note 22 Annex II p. 88 para. 8. However unlike Article 6(a) of the NIMT Charter and Article 5(a) of the IMTFE Charter Article 8 bis(1) does not criminalize the “participation in a common plan or conspiracy”.

57)

ICC–ASP/4/32supra note 35 Annex II.B p. 380.

60)

Judgmentsupra note 46 p. 225.

65)

ICC–ASP/4/32supra note 35 Annex II.B p. 383.

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 11 11 5
Full Text Views 7 7 7
PDF Downloads 2 2 2
EPUB Downloads 0 0 0