The International Criminal Court and the Crime of Aggression

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ISBN: 9780754623625 | 0754623629
Cover: Hardcover
Copyright: 5/28/2004

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The International Criminal Court will soon be fully operational, yet the issue of the crime of aggression remains unresolved. This important volume collects the papers given by the participants at the milestone Trento Conference where the issue of aggression was addressed.

List of Participants

Editors' Preface

The Crime of Aggression from Nuremberg to the Rome Statute

The Historical Background

(14)

Umberto Leanza

Origins of the Criminalization of Aggression: How Crimes Against Peace Became the ``Supreme International Crime''

(16)

William A. Schabas

Will Aggressors Ever be Tried Before the ICC?

(10)

Muhammad Aziz Shukri

The Debate within the Preparatory Commission for the International Criminal Court

(12)

Mauro Politi

The International Criminal Court and the Crime of Aggression: Questions of Definition and Jurisdiction

The Definition of the Crime of Aggression and the ICC Jurisdiction over that Crime

(24)

Mohammed M. Gomaa

Aggression and the ICC: Views on Certain Ideas and their Potential for a Solution

(8)

Phani Dascalopoulou-Livada

Defining the Crime of Aggression or Redefining Aggression?

(6)

Ioana Gabriela Stancu

Definition of the Crime of Aggression: State Responsibility or Individual Criminal Responsibility?

(4)

Elizabeth Wilmshurst

The Crime of Aggression: Definitional Options for the Way Forward

(12)

Hans-Peter Kaul

The Exercise of the International Criminal Court's Jurisdiction over the Crime of Aggression: Short Term and Long Term Prospects

109

(12)

Antonio Yanez-Barnuevo

The Crime of Aggression and the Relationship between the International Criminal Court and the Security Council

The Respective Roles of the ICC and the Security Council in Determining the Existence of an Aggression

121

(4)

Giorgio Gaja

Reflections on the Role of the Security Council in Determining an Act of Aggression

125

(8)

Saeid Mirzaee Yengejeh

The ICC and the Security Council on Aggression: Overlapping Competencies?

133

(12)

Paula Escarameia

The ICC and the Security Council: About the Argument of Politicization

145

(6)

Marja Lehto

Conclusions Generales

151

(14)

Luigi Condorelli

Afterword

The International Criminal Court and the Crime of Aggression: From the Preparatory Commission to the Assembly of States Parties and Beyond

An Outsider's View

165

(10)

Giuseppe Nesi

An Insider's View

175

(14)

Silvia A. Fernandez de Gurmendi

Index

189

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The International Criminal Court and the Crime of Aggression

Summary

Table of Contents

Supplemental Materials