The International Court of Justice and the Concept of Aggression

The Crime of Aggression - A Commentary, pp. 214-232, Claus Kreß and Stefan Barriga, eds, Cambridge University Press, 2016

Oxford Legal Studies Research Paper No. 27/2015

18 Pages Posted: 2 Apr 2015 Last revised: 25 Feb 2017

See all articles by Dapo Akande

Dapo Akande

University of Oxford - Faculty of Law

Antonios Tzanakopoulos

University of Oxford - Faculty of Law

Date Written: March 31, 2015

Abstract

This paper reviews the contribution of the International Court of Justice in defining the concept of aggression against the background of the Kampala Amendments to the 1998 Rome Statute of the International Criminal Court. It argues that the ICJ, while not contributing directly to the elaboration of the concept of aggression, has indeed influenced the internal gradation of the concept of aggression through drawing an implicit parallel with the concept of armed attack. The paper then completes this picture by introducing a three-step parallel gradation of concepts: use of force-armed attack-serious breach of jus cogens and use of force-act of aggression-war and/or crime of aggression; and by discussing their potential relationship and interaction.

Keywords: aggression, war of aggression, crime of aggression, use of force, armed attack, serious breach, peremptory norms of general international law, international court of justice, international criminal court, state responsibility, individual criminal responsibility

Suggested Citation

Akande, Dapo and Tzanakopoulos, Antonios, The International Court of Justice and the Concept of Aggression (March 31, 2015). The Crime of Aggression - A Commentary, pp. 214-232, Claus Kreß and Stefan Barriga, eds, Cambridge University Press, 2016; Oxford Legal Studies Research Paper No. 27/2015. Available at SSRN: https://ssrn.com/abstract=2587722

Dapo Akande

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

Antonios Tzanakopoulos (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/antonios-tzanakopoulos

Register to save articles to
your library

Register

Paper statistics

Downloads
815
Abstract Views
2,679
rank
29,193
PlumX Metrics