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Julius Stone, Aggression, and the Future of the International Criminal Court

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The article is concerned with the crime of aggression, the long and contested history behind its regulation, the final incorporation in the Rome Statute, and the implication of the regulation for the standing of the international criminal court. In order to explain and understand the struggle over aggression, the article recovers the writings of Julius Stone. It is contended that his writings can not only help us in understanding the key elements that have made aggression a highly controversial topic in international criminal law but also in comprehending the underlying features of the current regulation. Drawing on Stone’s account of justice, the article further suggests that, in light of the position in which the court finds itself, it should approach the crime of aggression with modesty and self-restrain.

Affiliations: 1: Post-Doctoral Researcher, Cluster of Excellence ‘Formation of Normative Orders’, Goethe University Frankfurt, Frankfurt am Main, Germany,


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