The Sheep in the Box: The Definition of the Crime of Aggression at the International Criminal Court

Abstract:     
Rather than being the end of a process, the inclusion of the crime of Aggression in the Statute of the International Criminal Court was just one step in the search for a definition of this crime. Within the context of the current discussions, we argue that the best solution is to keep things simple, the Statute of Court being perfectly adapted to deal with most of the issues relating to aggression (trigger mechanisms, role of the Security Council, modes of liability). We do propose one innovative way forward, in order to take into account the organizational nature of the crime of aggression, with the inclusion in the Statute of a possible declaration of criminality of organizations as used during the Nuremberg trial.

Number of Pages in PDF File: 12

Keywords: Aggression, International Criminal Law, International Criminal Court, Nuremberg

Accepted Paper Series