The Travaux Préparatoires of the Crime of Aggression by Stefan Barriga, Claus Kreß

By Stefan Barriga, Claus Kreß

The Travaux Préparatoires of the Crime of Aggression includes a entire documentation of the fifteen years of negotiations which led as much as the ancient adoption of the amendments to the Rome Statute of the foreign felony court docket on the 2010 overview convention in Kampala. prepared chronologically, it contains all suitable reliable Chairman's drafts, non-papers, state proposals, assembly studies and precis documents, in addition to chosen unpublished fabrics and transcripts from the dramatic negotiations on the evaluate convention.

Three introductory articles, every one written from the viewpoint of an insider, positioned the Kampala compromise into context and discover the amendments at the crime of aggression, their negotiation historical past and the intentions of the drafters.

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The Travaux Préparatoires of the Crime of Aggression

The Travaux Préparatoires of the Crime of Aggression includes a entire documentation of the fifteen years of negotiations which led as much as the historical adoption of the amendments to the Rome Statute of the foreign felony courtroom on the 2010 evaluation convention in Kampala. prepared chronologically, it comprises all correct professional Chairman's drafts, non-papers, kingdom proposals, assembly studies and precis documents, in addition to chosen unpublished fabrics and transcripts from the dramatic negotiations on the evaluation convention.

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1999 Proposal by Germany; 2000 Proposal by Germany. 1999 Proposal by Greece and Portugal; 2000 Proposal by Greece and Portugal. 12 Barriga: Amendments ‘Security Council definition’. A third approach, based on the proposal of the Russian Federation,48 was essentially to define aggression as whatever the Security Council may determine to constitute aggression in a specific case, with binding effect for the Court. II. 49 This paragraph foreshadowed a very rich discussion that would take place within the Special Working Group about how to integrate the provisions on aggression into the existing Statute, in particular its Part 3 on general principles of criminal law.

34 I. 35 Paragraph 1 focused on the definition of the crime by describing the mental element as well as the individual’s conduct (‘intentionally and knowingly orders or participates actively in the planning, preparation, initiation or execution of an act of aggression’). 37 Furthermore, paragraph 1 contained the leadership clause, which during previous years seemed to be the only issue on which there was agreement in principle. 38 The second part of paragraph 1 of the July 2002 Coordinator’s Paper, taken together with paragraph 2, encapsulated the difficult discussion on how to describe the State act for which the individual was to be held responsible.

16 Barriga: Amendments infused the work of the Special Working Group remained a constant companion until the conclusion of the Group’s work in February 2009.

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