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The Crime Of Aggression

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Chapter Summary

The crime of aggression is the unfinished substantive business from Rome. There is a reasonable chance that it will be resolved at the First Review Conference. Article 5 (1) of the Rome Statute, lists the crime of aggression as one of the four crimes within the jurisdiction of the Court. Conceptualizing the crime of aggression faces some fundamental political challenges, given the rather unclear limits to, and interplay between, the roles under the United Nations Charter of the Security Council, and other United Nations organs, in maintaining international peace and security. This chapter discusses some of those issues, which have taken on a role as threshold problems, as conditions under which the Court shall exercise jurisdiction. It considers some basic definitional issues, including incorporating the General Assemblys 1974 Definition of Aggression and efforts to articulate the basic leadership nature of the crime.

Keywords: crime of aggression; jurisdiction; Rome Statute; Security Council



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