Abstract

http://ssrn.com/abstract=1883351
 
 

Footnotes (82)



 


 



The Uncertain Legal Status of the Aggression Understandings


Kevin Jon Heller


SOAS, University of London

July 11, 2011

Journal of International Criminal Justice, Vol. 9, 2011

Abstract:     
Annex III of Resolution RC/Res.6, adopted by consensus at Kampala on 12 June 2010, contains seven “Understandings” concerning the amendments that add the crime of aggression to the Rome Statute. The legal status of the Understandings, however, was never discussed during the Review Conference, leading scholars to acknowledge that it is difficult to determine how they will influence the Court once the aggression amendments enter into force. Indeed, no scholar to date has attempted to systematically analyze the Understandings.

This essay attempts to fill that lacuna in the burgeoning literature on the aggression amendments. It considers four possible interpretations of the Understandings: (1) that they are amendments to the Rome Statute; (2) that they are a primary means of interpreting the aggression amendments under Article 31 of the Vienna Convention on the Law of Treaties (VCLT); (3) that they are an agreement to modify by one or more parties to the Rome Statute under Article 41 of the VCLT; and (4) that they are supplementary means of interpreting the aggression amendments under Article 32 of the VCLT. It concludes that, unless they are adopted by all of the States Parties to the Rome Statute at the 2017 Review Conference, the Understandings are nothing more than supplementary means of interpretation that the Court would have the right to ignore once the aggression amendments enter into force.

Number of Pages in PDF File: 19

Keywords: ICC, International Criminal Court, crime of aggression, aggression, Understandings, agression amendments, VCLT, Vienna Convention on the Law of Treaties

Accepted Paper Series


Download This Paper

Date posted: July 11, 2011 ; Last revised: July 17, 2011

Suggested Citation

Heller, Kevin Jon, The Uncertain Legal Status of the Aggression Understandings (July 11, 2011). Journal of International Criminal Justice, Vol. 9, 2011. Available at SSRN: http://ssrn.com/abstract=1883351

Contact Information

Kevin Jon Heller (Contact Author)
SOAS, University of London ( email )
London
United Kingdom
Feedback to SSRN


Paper statistics
Abstract Views: 1,023
Downloads: 292
Download Rank: 58,006
Footnotes:  82

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.266 seconds