American Society of International Law Proceedings, p. 103, 2009
20 Pages Posted: 29 Nov 2010
Date Written: March 28, 2009
This paper examines a shift in the focus of the crime of aggression from the state to the individual as the principal subject of the use of force regime. The political and military leaders will be held accountable for planning, preparing, initiating or waging illegal wars. After discussing each of the three components identified in the definition of the crime of aggression, the state/collective act of aggression, the link between the individual leader and the state/collective act, and the jurisdictional trigger, this paper then focuses on the significance of the crime of aggression for Jus ad Bellum.
Keywords: Crime of Aggression, State/Collective Act of Aggression, Individual Perpetrator, Special Working Group on the Crime of Aggression (SWGCA), Rome Statute, Article 25(3), International Criminal Court (ICC), jurisdiction, Security Council, Methodological Individualism, Jus ad Bellum
Suggested Citation: Suggested Citation
Weisbord, Noah, Evolutions of the Jus Ad Bellum: The Crime of Aggression (March 28, 2009). American Society of International Law Proceedings, p. 103, 2009 ; Florida International University Legal Studies Research Paper No. 10-67. Available at SSRN: https://ssrn.com/abstract=1717058