Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-fbnjt Total loading time: 0 Render date: 2024-11-06T11:41:08.268Z Has data issue: false hasContentIssue false

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

Get access

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.

  • Type
    Chapter

    Access options

    Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

    Save book to Kindle

    To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

    Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

    Find out more about the Kindle Personal Document Service.

    Available formats
    ×

    Save book to Dropbox

    To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

    Available formats
    ×

    Save book to Google Drive

    To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

    Available formats
    ×