Prosecuting Aggression: The Consent Problem and the Role of the Security Council

42 Pages Posted: 17 Feb 2011

See all articles by Dapo Akande

Dapo Akande

University of Oxford - Faculty of Law

Date Written: February 16, 2011

Abstract

This paper focuses on the conditions which ought to exist before the International Criminal Court can exercise jurisdiction over the crime of aggression. In particular, it addresses (i) whether the Court should be competent to exercise jurisdiction where the alleged aggressor State has either not accepted the amendment on aggression, or is not a party to the ICC Statute and (ii) whether ICC jurisdiction on aggression should be made dependent on the prior approval of the United Nations Security Council. The first issue is referred to here as the “consent problem” and the second the “Security Council problem/issue”.

Suggested Citation

Akande, Dapo, Prosecuting Aggression: The Consent Problem and the Role of the Security Council (February 16, 2011). Oxford Legal Studies Research Paper No. 10/2011. Available at SSRN: https://ssrn.com/abstract=1762806 or http://dx.doi.org/10.2139/ssrn.1762806

Dapo Akande (Contact Author)

University of Oxford - Faculty of Law ( email )

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