Research Handbooks in International Law series
Edited by Bartram S. Brown
Chapter 6: The crime of aggression: is it amenable to judicial determination?
Faiza Patel King In the decades since the Nuremberg Tribunal found the German leadership guilty of the crime of waging aggressive war, much ink has been spilled on the ‘supreme’ international crime. This river of ink has become a torrent since the Rome Conference adopted the Statute of the International Criminal Court1 (ICC) and included a provision that brought aggression within the jurisdiction of the Court, but deferred until the First Review Conference of the Assembly of States Parties2 the decision on the definition of the crime and the conditions under which it could be prosecuted. This provision was a compromise between those who believed that the ICC Statute would not be complete unless it included the crime of aggression and those who argued that the determination of aggression was too political an issue to put before a court. This chapter of the Handbook will analyze the various lines of debate about the International Criminal Court and the crime of aggression using, as a functional lens, the issue of whether the crime of aggression is susceptible to judicial determination. In other words, is a court such as the ICC equipped to decide whether a particular use of force constitutes the crime of aggression? To develop criteria regarding how to address this question, the first section of this chapter will look at situations where it has been asserted – in both domestic and international courts – that certain questions are by their nature too political to be judged by a court. As will...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.