Individual criminal liability for the international crime of aggression

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Intersentia Uitgevers N.V., 2010 - Law - 274 pages
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The Rome Statute of the International Criminal Court (ICC) provides for the inclusion of the crime of aggression within the Court's jurisdiction, but the Statute needs to be amended to include a definition of aggression and conditions for the exercise of jurisdiction. The Assembly of States Parties of the ICC will have such an opportunity to review the Rome Statute at its conference in Kampala (Uganda) in 2010. The author argues in this book that the review process provides an opportunity for the establishment of a realistic criminalisation regime for the crime of aggression. However, this criminal justice response to aggression has implications for the collective security system (embodied by the United Nations). No criminal justice response to aggression can ignore the latter aspect. The book thus provides a historical and contextual account of the development of the notion of aggression. It identities the important debates affecting the attempts to define the crime of aggression: puts the legal debates in normative and international political context: and examines the conditions necessary for the prosecution of the crime of aggression - both nationally and internationally. It is submitted that the almost universal non-criminalisation of aggression at national level (and the concomitant lack of prosecutions) must be understood in the light of multiple constitutional, doctrinal and political reasons. These aspects are analysed with reference to national case studies. With this volume, the author hopes to contribute to the process to construct a realistic and effective regime for individual criminal liability for the crime of aggression. People interested in international (and domestic) criminal law, public international law, as well as diplomacy and international politics, will find this book useful - especially at this point in time when there seems to be a real possibility to realifirm and concretise the legacy of Nuremberg, i.e., to end impunity for the `supreme international crime'. The book comments on the most recent work of the Assembly of States Parties' Inter-sessional Meeting on the Crime of Aggression.

With a foreword by professor Christine Van den Wyngaert, Judge at the International Criminal Court.

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The quest to draft a definition of aggression

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About the author (2010)

Gerhard Kemp is professor of criminal law and international criminal law at Stellenbosch University, South Africa. He studied at Stellenbosch and at Antwerp University. Belgium. His publications include discussions and analyses of the application of international criminal law at domestic level, and the impact of human rights on international co-operation in criminal matters.

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