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- III Historical documents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
- 80 2002 Proposal by Samoa
- 81 2002 Proposal by Colombia
- 82 2002 Proposal by Belgium, Cambodia, Sierra Leone and Thailand
- 83 2002 Coordinator's Paper (July)
- 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
82 - 2002 Proposal by Belgium, Cambodia, Sierra Leone and Thailand
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- III Historical documents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
- 80 2002 Proposal by Samoa
- 81 2002 Proposal by Colombia
- 82 2002 Proposal by Belgium, Cambodia, Sierra Leone and Thailand
- 83 2002 Coordinator's Paper (July)
- 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
Rationale
1. Since it is already given and supported by the jurisprudence of the Nuremberg Tribunal and the Tribunals established pursuant to Control Council Law No. 10 that the crime of aggression is a leadership crime which may only be committed by persons who have effective control of the State and military apparatus on a policy level, it is crucial to reflect this principle in the definition of the Crime of Aggression; otherwise it might be subsequently diluted, among other things, by the application of article 10 of the Rome Statute.
Proposal
2. To achieve the above, insert into the definition of the Crime of Aggression the word “effectively” before the words “exercise control”, as follows:
“For the purpose of this Statute, a crime of aggression means an act committed by a person who, being in a position to effectively exercise control over or direct the political or military action of a State, intentionally and knowingly orders or participates actively in the planning, preparation, initiation or waging of an act of aggression.”
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- Information
- Publisher: Cambridge University PressPrint publication year: 2011