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111 - 2007 Chairman's Non-Paper on Defining the Individual's Conduct

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

(Paragraphs 1 and 3 of the Chairman's paper)

The present non-paper is aimed at facilitating discussions at the meeting of the Special Working Group on the Crime of Aggression during the sixth session of the Assembly of States Parties in New York (30 November to 14 December 2007) with respect to paragraphs 1 and 3 of the Chairman's paper, dealing with the definition of the individual's conduct. As reflected in paragraphs 5 to 13 of the report of the 2007 intersessional meeting at Princeton, broad support had been expressed for earlier proposals by the Chairman on this rather technical issue. During the 2007 Princeton meeting, a revision of the latest proposal was circulated, which included the leadership clause as part of the definition of the crime. This revised proposal was included in the 2007 Princeton report, and received positive preliminary reactions.

The Chairman would therefore suggest that discussions in New York regarding the definition of the individual’s conduct should focus on this proposal, which is reprinted below:

Proposed language to replace the first part of paragraph 1 of the Chairman’s paper, replacing both variant (a) and (b):

For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression/armed attack, [which, by its character, gravity and scale . . .]

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Publisher: Cambridge University Press
Print publication year: 2011

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