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The ICC-Crime of Aggression

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Chapter Summary

This chapter presents an excerpt of an article that delves into several questions which are still left open by the drafters of the Rome Statute. It discerns the question as to the impact of the crime of aggression, being a leadership crime, on the liability forms of Article 25 of the Rome Statute. The chapter also addresses the question of whether it is preferable for States to domestically investigate the crime of aggression pursuant to the principle of complementarity. Since State criminal responsibility is a highly disputed concept within international criminal law (ICL), an act of aggression seems contradictory to this notion. Article 25 of the Rome Statute outlines the different liability modes for the crimes within the International Criminal Court (ICC)'s jurisdiction among which (in section 3 sub c) liability of accessories.

Keywords: aggressor States; Article 25 of the Rome Statute; crime of aggression; International Criminal Court (ICC); international criminal law (ICL); leadership crime



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