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92 - 2005 Proposed Chapeau Rewordings

Published online by Cambridge University Press:  05 June 2014

Stefan Barriga
Affiliation:
United Nations, New York
Claus Kreß
Affiliation:
Universität zu Köln
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Summary

Proposal A

Definition, paragraph 1:

“For the purpose of the present Statute, a person commits a ‘crime of aggression’ when, being in a position effectively to exercise control over or to direct the political or military action of a State, that person participates actively in an act of aggression . . .”

Article 25, paragraph 3

Insert a new subparagraph (d) bis:

“In respect of the crime of aggression, paragraph 3, sub paragraphs (a) to (d), apply only to persons who are in a position effectively to exercise control over or to direct the political or military action of a State.”

See also Elements of Crimes, paragraph 8 of the general introduction.

Proposal B

Definition, paragraph 1:

“For the purpose of this Statute, ‘crime of aggression’ means engaging a State, when being in a position effectively to exercise control over or to direct the political or military action of that State, in [. . . collective/State act].”

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Publisher: Cambridge University Press
Print publication year: 2011

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