The Uncertain Legal Status of the Aggression Understandings

Journal of International Criminal Justice, Vol. 9, 2011

19 Pages Posted: 11 Jul 2011 Last revised: 17 Jul 2011

See all articles by Kevin Jon Heller

Kevin Jon Heller

University of Amsterdam; Australian National University

Date Written: July 11, 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.

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

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: https://ssrn.com/abstract=1883351

Kevin Jon Heller (Contact Author)

University of Amsterdam ( email )

Amsterdam, 1018 WB
Netherlands

Australian National University ( email )

Canberra, Australian Capital Territory 2601
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
510
Abstract Views
2,451
rank
53,728
PlumX Metrics