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- III Historical documents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
- June 2006
- 97 2006 Princeton Annotated Agenda
- 98 2006 Princeton Report
- 99 2006 Proposed Chapeau Rewordings
- 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
97 - 2006 Princeton Annotated Agenda
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- III Historical documents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
- June 2006
- 97 2006 Princeton Annotated Agenda
- 98 2006 Princeton Report
- 99 2006 Proposed Chapeau Rewordings
- 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
The aim of the meeting is to continue the discussions held at the previous intersessional meeting in June 2005, at the fourth session of the Assembly of States Parties in November/December 2005 and in the context of the “Virtual Working Group”. Three main sets of issues have emerged and these were addressed in discussion papers submitted to the Special Working Group on the Crime of Aggression. It is suggested that the work in Princeton focus on these areas (items 1–3 below).
The “crime” of aggression – defining the individual's conduct
Discussion paper 1 (The crime of aggression and article 25, paragraph 3, of the Statute) addresses the main question identified in this respect: How does the proposed definition of the individual's conduct (cf. current wording of the Coordinator's text) square with the provisions of article 25, paragraph 3 (a) to (d), of the Statute, which in general terms and as a “default rule”(Rome Statute Part 3: “General Principles of Criminal Law”) describe the forms of participation in a crime? Two different approaches have been identified. The Coordinator's text implies a “monistic” approach in that the description of the individual's conduct includes the description of different forms of “participation”, which would otherwise be addressed in article 25, paragraph 3; therefore the Coordinator's text suggests that the application of that paragraph be excluded. The discussions in Princeton last year, however, brought support for a “differentiated” approach, which seeks to apply article 25, paragraph 3, to the crime of aggression as well. This might, however, necessitate a revision of the definition of the individual's conduct in the Coordinator's text, in order to remove the duplication. Some proposals were submitted to that effect, but they have not yet been thoroughly discussed. Discussion paper 1 raises questions and makes suggestions with respect to these proposals. (On a similar issue, namely the duplication of the phrase “intentionally and knowingly” in article 30 of the Statute and in the Coordinator's text, participants agreed that the default rule of article 30 should apply).
- Type
- Chapter
- Information
- The Travaux Préparatoires of the Crime of Aggression , pp. 493 - 495Publisher: Cambridge University PressPrint publication year: 2011