Book contents
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Table of documents
- I Introduction to the negotiation history
- II Amendments to the Rome Statute on the Crime of Aggression
- III Historical documents
- IV Travaux Préparatoires of the Amendments to the Rome Statute on the Crime of Aggression (1995–2010)
- 1995 Ad Hoc Committee
- 1996 Preparatory Committee, First and Second Session
- February 1997
- December 1997
- January 1998
- March/April 1998
- 1998
- February 1999
- July/August 1999
- November/December 1999
- March 2000
- November/December 2000
- February/March 2001
- September/October 2001
- April 2002
- July 2002
- September 2002
- September 2003
- June 2004
- June 2005
- December 2005
- 93 2005 Discussion Paper 1
- 94 2005 Discussion Paper 2
- 95 2005 Discussion Paper 3
- 96 2005 SWGCA Report
- June 2006
- November 2006
- January 2007
- June 2007
- December 2007
- June 2008
- November 2008
- February 2009
- April 2009
- June 2009
- November 2009
- March 2010
- May/June 2010
- V Index of Travaux Préparatoires
93 - 2005 Discussion Paper 1
Published online by Cambridge University Press: 05 June 2014
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Table of documents
- I Introduction to the negotiation history
- II Amendments to the Rome Statute on the Crime of Aggression
- III Historical documents
- IV Travaux Préparatoires of the Amendments to the Rome Statute on the Crime of Aggression (1995–2010)
- 1995 Ad Hoc Committee
- 1996 Preparatory Committee, First and Second Session
- February 1997
- December 1997
- January 1998
- March/April 1998
- 1998
- February 1999
- July/August 1999
- November/December 1999
- March 2000
- November/December 2000
- February/March 2001
- September/October 2001
- April 2002
- July 2002
- September 2002
- September 2003
- June 2004
- June 2005
- December 2005
- 93 2005 Discussion Paper 1
- 94 2005 Discussion Paper 2
- 95 2005 Discussion Paper 3
- 96 2005 SWGCA Report
- June 2006
- November 2006
- January 2007
- June 2007
- December 2007
- June 2008
- November 2008
- February 2009
- April 2009
- June 2009
- November 2009
- March 2010
- May/June 2010
- V Index of Travaux Préparatoires
Summary
Individual participation – Article 25, paragraph 3 (a) to (d) of the Statute
(Point of Reference: Paragraphs 19 to 32 of the Princeton Report 2005, under “(a) Participation by an individual in the criminal act”)
The suggestion to exclude the applicability of Article 25, paragraph 3(a) to (d), of the Statute as set out in the Discussion Paper (2002) on the definition and elements of the crime of aggression prepared by the Coordinator of the Working Group on the Crime of Aggression during the Preparatory Commission of the International Criminal Court [hereafter: Discussion Paper]) = The “monistic approach”
Paragraph 1 of the Discussion Paper describes the conduct element of the crime of aggression, i.e. the conduct by which the individual concerned is linked to the State's act of aggression/use of (armed) force/armed attack (hereinafter: the collective act), as follows [the key words appear in italics]:
“[. . .] a person commits a ‘crime of aggression’ when, being in a position effectively to exercise control over or to direct the political or military action of a State, that person intentionally and knowingly orders or participates actively in the planning, preparation, initiation or execution of an act of aggression [. . .] [emphasis added]”
This definition must be read together with paragraph 3 of the Discussion Paper which purported to exclude the applicability of Article 25, paragraph 3 of the Statute dealing with the different forms of participation into a crime.
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- The Travaux Préparatoires of the Crime of Aggression , pp. 471 - 481Publisher: Cambridge University PressPrint publication year: 2011
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