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- III Historical documents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
95 - 2005 Discussion Paper 3
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- III Historical documents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
Commentary
A generic definition is one which does not include a list of acts which would constitute acts of aggression. Conversely, a specific definition is one which does contain such a list or refers to an existing one, such as the one contained in General Assembly Resolution 3314/74.
With respect to a specific definition, it should be noted that the list attached to Resolution 3314 is illustrative. This does not seem to combine with the need to respect the criminal law principle nullum crimen nulla poena sine lege.
It is possible to avoid this difficulty by making the list exhaustive. However, this would in effect interfere, perhaps impermissibly, with the definition of Resolution 3314 and could, furthermore, generate a need or a wish to include new cases of aggression which are not actually provided for in Resolution 3314.
It is for these reasons that it has been rather clear in Princeton but also in sessions of the Prep Com that a generic approach to the definition would be preferable.
- Type
- Chapter
- Information
- The Travaux Préparatoires of the Crime of Aggression , pp. 485 - 486Publisher: Cambridge University PressPrint publication year: 2011