Evolutions of the Jus Ad Bellum: The Crime of Aggression

American Society of International Law Proceedings, p. 103, 2009

Florida International University Legal Studies Research Paper No. 10-67

20 Pages Posted: 29 Nov 2010  

Noah Weisbord

Florida International University (FIU) - College of Law

Date Written: March 28, 2009

Abstract

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

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

Noah Weisbord (Contact Author)

Florida International University (FIU) - College of Law ( email )

Modesto Maidique Campus, RDB 2071C
RDB Hall 1097
Miami, FL 33199
United States

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