Abstract

http://ssrn.com/abstract=1641142
 


 



The Council and the Court: Shared Objectives or Opposing Views on the Crime of Aggression


Yassin M'Boge


University of Leicester - School of Law

July 16, 2010

UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 31/2010

Abstract:     
This paper argues that an important part of ensuring the jurisdictional basis of the crime of aggression is to secure a partnership between the UN Security Council and the ICC. Such a partnership should be conducive towards the reality of holding to account individuals that undertake an illegal use of force. This Paper puts forward guiding principles for a model that would benefit a constructive institutional relationship between the Council and the Court. It is through the application of these five guiding principles that the inclusion of the crime of aggression in the Rome Statute can translate into a constructive relationship between the International Criminal Court and the Security Council for the betterment of international peace and security as well as international justice. I maintain that it would be damaging to both the legitimacy and operational effectiveness of the Security Council and the ICC and detrimental to the overall institutional relationship if the final outcome proves unfavourable to international action against the crime of aggression and nothing more than dead letter law. Essentially the key to a viable cooperation regime between the Court and the Council will hinge on shared objectives regarding the crime of aggression rather than opposing views, namely combating impunity by holding individuals accountable for the illegal use of force.

Number of Pages in PDF File: 40

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Date posted: July 18, 2010  

Suggested Citation

M'Boge, Yassin, The Council and the Court: Shared Objectives or Opposing Views on the Crime of Aggression (July 16, 2010). UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 31/2010. Available at SSRN: http://ssrn.com/abstract=1641142 or http://dx.doi.org/10.2139/ssrn.1641142

Contact Information

Yassin M'Boge (Contact Author)
University of Leicester - School of Law ( email )
University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

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