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40 - 1998 Rome Summary Records (19 June)

Published online by Cambridge University Press:  05 June 2014

Stefan Barriga
Affiliation:
United Nations, New York
Claus Kreß
Affiliation:
Universität zu Köln
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Summary

5. The CHAIRMAN invited further comments regarding the crime of aggression.

6. Mr. AL-JABRY (Oman) said that he welcomed the inclusion of the crime of genocide in the text, and had no objection to the inclusion of the section on the crime of aggression. However, he supported the views expressed at the previous meeting by the delegation of the Syrian Arab Republic; the definition of aggression in the 1974 General Assembly resolution 3314 (XXIX) was still valid and should form the basis of the Committee's deliberations.

8. Mr. A. DOMINGOS (Angola) said that aggression was a very serious crime which caused a great deal of suffering and damage to the victim State. It must therefore be covered in the Statute, and the text proposed in option 3 for the relevant section of article 5 was to be preferred. The bracketed words “and subject to a determination by the Security Council referred to in article 10, paragraph 2, regarding the act of a State” in paragraph 1 were out of place and should be deleted. The bracketed word “manifest” should be deleted, because a violation was either a violation or not. The text in square brackets at the end of the paragraph should also be deleted.

9. Ms. LI Yanduan (China) said that she could agree to the inclusion of the crime of aggression on two conditions. First, there should be a clear and precise definition of the crime of aggression. Second, there should be a link with the Security Council. Discussion of the treaty crimes, on which there was no consensus, should be deferred until a future review conference.

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Publisher: Cambridge University Press
Print publication year: 2011

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