The Anatomy of an International Crime: Aggression at the International Criminal Court

30 Pages Posted: 1 Feb 2013  

Matthew Gillett

Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia

Date Written: January 31, 2013

Abstract

In 2010 in Kampala, Uganda, the States Parties to the International Criminal Court (ICC) adopted a set of amendments to the Rome Statute that define the elements and trigger mechanisms of the crime of aggression. However, significant questions remain as to what was actually agreed upon in Kampala, including with respect to the parameters of the crime itself. These questions, which include the applicability of exceptions for humanitarian intervention and anticipatory self-defense, affect not only the potential criminal responsibility of individuals charged with the crime of aggression, but also the interests of States in whether their acts are considered to amount to aggression or not. This article explores the anatomy of the crime of aggression and highlights issues that remain to be resolved.

Keywords: aggression, International Criminal Court (ICC), Rome statute, humanitarian intervention, anticipatory self-defense

Suggested Citation

Gillett, Matthew, The Anatomy of an International Crime: Aggression at the International Criminal Court (January 31, 2013). Available at SSRN: https://ssrn.com/abstract=2209687 or http://dx.doi.org/10.2139/ssrn.2209687

Matthew Gillett (Contact Author)

Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia ( email )

UN-ICTY
P.O. Box 13888
The Hague, Zuid-Holland 2501 EW
Netherlands

Register to save articles to
your library

Register

Paper statistics

Downloads
449
rank
58,101
Abstract Views
1,584
PlumX