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- III Historical documents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
- 29 1995 Ad Hoc Committee Report (excerpts)
- 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
- 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
29 - 1995 Ad Hoc Committee Report (excerpts)
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- III Historical documents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
- 29 1995 Ad Hoc Committee Report (excerpts)
- 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
- 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
Aggression
63. Some delegations supported the inclusion of aggression or the planning, preparation, initiation or waging of a war of aggression among the crimes falling within the jurisdiction of the court. In this respect, it was noted that the question of the inclusion of this crime in the draft statute and the issue of the powers of the Security Council under article 23 of the draft statute were closely related. While recognizing that defining aggression for the purpose of the statute would not be an easy task, those delegations drew attention to article 6 (a) of the Nürnberg Charter, which, it was stated, reflected the position of the 20 States participating in the London Agreement as regards the principle of individual criminal responsibility for aggression and was part of existing applicable law, as well as to the Definition of Aggression contained in General Assembly resolution 3314 (XXIX) of 14 December 1974, to the definition proposed in the context of the ongoing work of the International Law Commission on the draft Code of Crimes against the Peace and Security of Mankind and to the definition worked out by the Committee of Experts which had met in June 1995 under the auspices of the International Association of Penal Law, the International Institute of Higher Studies in Criminal Sciences and the Max Planck Institute for Foreign and International Criminal Law. In their opinion, the United Nations, whose Charter enshrined the principle of the non-use of force and which had been created to save future generations from the scourge of war, could not, 50 years after the Nürnberg trial, exclude aggression from the jurisdiction of the international criminal court, thereby taking a retrogressive step and ignoring the contrary line taken by the International Law Commission in the context of its work on the draft Code of Crimes against the Peace and Security of Mankind.
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- The Travaux Préparatoires of the Crime of Aggression , pp. 205 - 208Publisher: Cambridge University PressPrint publication year: 2011