Making aggression a crime under domestic law : on the legislative implementation of article 8bis of the ICC statute
Author(s)
Bibliographic Information
Making aggression a crime under domestic law : on the legislative implementation of article 8bis of the ICC statute
(International criminal justice series, v. 32)
Asser Press , Springer [distributor], c2023
Available at 1 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and index
Description and Table of Contents
Description
This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the "supreme international crime" that gave birth to international criminal law in Nuremberg, its ICC Statute definition has been incorporated into domestic law by fewer than 20 States. The crime of aggression was also omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current inability of the International Criminal Court to respond to the Russian aggression towards Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression.
The fundamental issues discussed in this volume include the obligation to criminalize aggression, the core wrong of the crime, the normative gaps under domestic law and the jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition into domestic law, the geographical ambit of domestic jurisdiction-most notably universal jurisdiction-as well as legal challenges such as immunities.
The book is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of interest contained within it.
Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at the University of Hamburg where she obtained her doctoral degree in international criminal law.
Table of Contents
Chapter 1. Introduction.- Chapter 2. An Obligation to Criminalize Aggression Under Domestic Law?.- Chapter 3. The Core Wrong of the Crime of Aggression.- Chapter 4. Mapping the Normative Gaps Under Domestic Law.- Chapter 5. The Restricted Jurisdictional Regime of the International Criminal Court.- Chapter 6. Options for Incorporating the Definition of the Crime of Aggression into Domestic Law.- Chapter 7. Legislative Specification of the Geographical Ambit of Domestic Criminal Jurisdiction.- Chapter 8. Legal Challenges for Foreign Adjudicative Jurisdiction.- Summary and Final Conclusions.- Annex.- Index.
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