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3 - An Act of Aggression

By Any Other Name

Published online by Cambridge University Press:  11 June 2021

Carrie McDougall
Affiliation:
University of Melbourne
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Summary

Chapter 3 considers the meaning of an ‘act of aggression’, defined in Article 8bis (2) of the Rome Statute. It opens with a comparative analysis of the terminology employed in the UN Charter to describe inter-State armed force. It then summarises the shortcomings of the Definition of Aggression annexed to General Assembly (GA) Resolution 3314 (1974), which provided a basis for Article 8bis (2). Among other things, it is demonstrated that the 3314 Definition does not reflect the understanding of an act of aggression seen in the practice of the UN Security Council, GA, or the International Court of Justice. It is also explained how some of the 3314 Definition’s shortcomings were exacerbated by the selective use of its provisions in Article 8bis (2). In addition, the chapter considers the treatment of the acts of non-State actors, and cyber operations and emerging weapons technologies. Finally, the chapter analyses the status of the ‘Understandings’ adopted by the ICC Assembly of States Parties alongside the aggression amendments, and their effect on our understanding of the definition of the State act element of the crime.

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Publisher: Cambridge University Press
Print publication year: 2021

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  • An Act of Aggression
  • Carrie McDougall, University of Melbourne
  • Book: The Crime of Aggression under the Rome Statute of the International Criminal Court
  • Online publication: 11 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108769143.006
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  • An Act of Aggression
  • Carrie McDougall, University of Melbourne
  • Book: The Crime of Aggression under the Rome Statute of the International Criminal Court
  • Online publication: 11 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108769143.006
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • An Act of Aggression
  • Carrie McDougall, University of Melbourne
  • Book: The Crime of Aggression under the Rome Statute of the International Criminal Court
  • Online publication: 11 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108769143.006
Available formats
×