Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Crime of Aggression: Born of the Failure of Collective Security Still Shackled to Its Fate? Time to Catch up or Part Ways

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter focuses on issues relating to the definition of the state act element of the crime of aggression. States that contend a narrower definition of a state act of aggression is needed for the purposes of the crime have focussed on identifying an appropriate threshold to limit the types of state acts that attract individual criminal responsibility. The chapter establishes that the German definitional model is narrower than the customary international law stemming from Nuremberg and Tokyo on which the definition claims to be based. Proposals that the term 'a war of aggression' or a reference to occupation or annexation be incorporated into the definition of the state act element of the crime of aggression have yet to achieve majority support in the Special Working Group on the Crime of Aggression (SWGCA).

Keywords: crime of aggression; crimes against peace; individual criminal responsibility; International Criminal Court's (ICC) jurisdiction; international criminal law; international treaties



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Legacy of Nuremberg: Civilising Influence or Institutionalised Vengeance? — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation