ABSTRACT

The Rome Statute of the International Criminal Court entered into force in 2002 and the ICC will soon be fully operational. Earlier in the ICC process, an international conference was held in Trento to address a specific issue that is still unresolved in the post-Rome negotiations: the crime of aggression. Article 5 of the ICC Statute includes aggression, yet the Statute postpones the exercise of its jurisdiction over the crime of aggression until such time as further provisions have been prepared on the definition of this crime and on the related conditions for the Court's intervention. This important volume collects the papers given by the participants at the Trento Conference. The volume is divided into three parts: the historical background of the crime of aggression; the definition of the crime of aggression, in light of proposals in the Preparatory Commission; and various points of view on the relationship between the Court's competence in adjudicating cases of alleged crimes of aggression and the Security Council's competence.

part |51 pages

The Crime of Aggression from Nuremberg to the Rome Statute

chapter 1|13 pages

The Historical Background

ByUmberto Leanza

chapter 3|10 pages

Will Aggressors Ever Be Tried before the ICC?

ByMuhammad Aziz Shukri

part |62 pages

The International Criminal Court and the Crime of Aggression: Questions of Definition and Jurisdiction

chapter 6|7 pages

Aggression and the ICC: Views on Certain Ideas and Their Potential for a Solution

ByPhani Dascalopoulou-Livada

chapter 7|5 pages

Defining the Crime of Aggression or Redefining Aggression?

ByIoana Gabriela Stancu

chapter 9|12 pages

The Crime of Aggression: Definitional Options for the Way Forward

ByHans-Peter Kaul

part |44 pages

The Crime of Aggression and the Relationship between the International Criminal Court and the Security Council

chapter 12|8 pages

Reflections on the Role of Security Council in Determining an Act of Aggression

BySaeid Mirzaee Yengejeh

chapter 15|12 pages

Conclusions Générales

ByLuigi Condorelli

part |26 pages

Afterword The International Criminal Court and the Crime of Aggression: From the Preparatory Commission to the Assembly of States Parties and Beyond

chapter 16|9 pages

An Outsider’s View

ByGiuseppe Nesi

chapter 17|14 pages

An Insider’s View

BySilvia A. Fernández de Gurmendi