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Annex II - Amendments to the Elements of Crimes, Rome Statute of the International Criminal Court

from PART VI - ANNEXES

Published online by Cambridge University Press:  12 December 2017

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Summary

Article 8 bis

Crime of aggression

Introduction

  • It is understood that any of the acts referred to in article 8 bis, paragraph 2, qualify as an act of aggression.

  • There is no requirement to prove that the perpetrator has made a legal evaluation as to whether the use of armed force was inconsistent with the Charter of the United Nations.

  • The term “manifest” is an objective qualification.

  • There is no requirement to prove that the perpetrator has made a legal evaluation as to the “manifest” nature of the violation of the Charter of the United Nations.

  • Elements

  • The perpetrator planned, prepared, initiated or executed an act of aggression.

  • The perpetrator was a person1 in a position effectively to exercise control over or to direct the political or military action of the State which committed the act of aggression.

  • The act of aggression – the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations – was committed.

  • The perpetrator was aware of the factual circumstances that established that such a use of armed force was inconsistent with the Charter of the United Nations.

  • The act of aggression, by its character, gravity and scale, constituted a manifest violation of the Charter of the United Nations.

  • The perpetrator was aware of the factual circumstances that established such a manifest violation of the Charter of the United Nations.

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