Book contents
- Frontmatter
- Foreword to the Second Edition
- Foreword to the First Edition
- Preface
- Contents
- List of Abbreviations
- PART I INTRODUCTION AND FRAMEWORK OF ANALYSIS
- PART II COLLECTIVE SECURITY AND THE JUS CONTRA BELLUM
- PART III THE CRIMINALISATION OF AGGRESSION
- PART IV THE INTERNATIONAL CRIMINAL COURT AND THE CRIME OF AGGRESSION
- PART V NATIONAL AND REGIONAL CRIMINALISATION AND PROSECUTION OF THE CRIME OF AGGRESSION
- PART VI ANNEXES
- Annex I Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression
- Annex II Amendments to the Elements of Crimes, Rome Statute of the International Criminal Court
- Annex III Understandings regarding the Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression
- Case Register
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
- Frontmatter
- Foreword to the Second Edition
- Foreword to the First Edition
- Preface
- Contents
- List of Abbreviations
- PART I INTRODUCTION AND FRAMEWORK OF ANALYSIS
- PART II COLLECTIVE SECURITY AND THE JUS CONTRA BELLUM
- PART III THE CRIMINALISATION OF AGGRESSION
- PART IV THE INTERNATIONAL CRIMINAL COURT AND THE CRIME OF AGGRESSION
- PART V NATIONAL AND REGIONAL CRIMINALISATION AND PROSECUTION OF THE CRIME OF AGGRESSION
- PART VI ANNEXES
- Annex I Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression
- Annex II Amendments to the Elements of Crimes, Rome Statute of the International Criminal Court
- Annex III Understandings regarding the Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression
- Case Register
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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- Publisher: IntersentiaPrint publication year: 2015