The Crime of Aggression in International Criminal Law : Historical Development, Comparative Analysis and Present State

Since after the Second World War, the crime of aggression is – along with genocide, crimes against humanity and war crimes – a “core crime” under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the volume draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States ́ legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute ́s substantive and procedural provisions pertaining to the exercise of the International Criminal Court ́s jurisdiction with respect to the crime of aggression, after 1 January 2017. "Since after the Second World War, the crime of aggression is - along with genocide, crimes against humanity and war crimes - a 'core crime' under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the book draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States' legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute's substantive and procedural provisions pertaining to the exercise of the International Criminal Court's jurisdiction with respect to the crime of aggression, after 1 January 2017. A first monograph on the crime of aggression written by an author from the Commonwealth of Independent States (CIS) for an international audience, the book assembles the normative experience of States representing the major legal systems of the world, and will be useful to practitioners, academics and students of international law"--Unedited summary from book cover Since after the Second World War, the crime of aggression is - along with genocide, crimes against humanity and war crimes - a?core crime? under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the book draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of Stateś legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statutés substantive and procedural provisions pertaining to the exercise of the International Criminal Court́s jurisdiction with respect to the crime of aggression, after 1 January 2017. A first monograph on the crime of aggression written by an author from the Commonwealth of Independent States (CIS) for an international audience, the book assembles the normative experience of States representing the major legal systems of the world, and will be useful to practitioners, academics and students of international law Front Matter....Pages i-xxiv Front Matter....Pages 1-1 Historical Background of the Criminalization of Aggression....Pages 3-73 Elements of an Act of Aggression: An Overview of Modern International Law and Practice....Pages 75-144 Front Matter....Pages 145-145 International Legal Foundations of the Individual Criminal Responsibility for the Crime of Aggression....Pages 147-198 The Principal Approaches Towards the Criminalisation of Aggression at the National Level....Pages 199-252 The Crime of Aggression in the Rome Statute of the International Criminal Court....Pages 253-320 Conclusion....Pages 321-326 Back Matter....Pages 327-334