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- III Historical documents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
94 - 2005 Discussion Paper 2
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- III Historical documents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
The conditions for the exercise of jurisdiction with respect to the crime of aggression
The Working Group still has some work to do before it gets close to a consensus. Consequently, it may not be advisable to discuss concrete drafting proposals; while everything is still on the table, all of the texts have been thoroughly discussed. Instead, it is proposed to continue on the road taken at Princeton, namely to clarify the issues involved, in order to set the stage for a later agreement. Therefore, it would be most useful to:
try to analyse the legal parameters (de lege lata, existing international law) and
set out the possible options including the legal implications of these options.
Below is an outline of the issues which appear to be involved. This scheme should imply no preference for any particular view or solution.
The Group had a good discussion on the rights of the accused (D, below) in Princeton (see paras 60–62 of the Princeton report). Further, the questions listed under C are slightly more technical (though by no means uncontroversial). Consequently, discussions on points A and B seem to be most urgent. Those two clusters contain between them the important and controversial issue whether the UN Security Council has the exclusive right to determine that an act of aggression has occurred. That, of course, entails a discussion about Article 39 of the UN Charter, but hopefully the Group will deal with other issues, too.
- Type
- Chapter
- Information
- The Travaux Préparatoires of the Crime of Aggression , pp. 482 - 484Publisher: Cambridge University PressPrint publication year: 2011