Second Thoughts on the Crime of Aggression | Zendy

Aggie Paulus | Zendy

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Second Thoughts on the Crime of Aggression

Author(s) -

Aggie Paulus

Publication year - 2009

Publication title -

european journal of international law

Language(s) - English

Resource type - Journals

SCImago Journal Rank - 0.607

H-Index - 59

eISSN - 1464-3596

pISSN - 0938-5428

DOI - 10.1093/ejil/chp080

Subject(s) - aggression , tribunal , jus ad bellum , jurisdiction , indeterminacy (philosophy) , law , criminology , political science , psychology , sociology , use of force , social psychology , international law , epistemology , philosophy

The article is a critique of the proposal for the codification of the crime of aggression by the Special Working Group on the Crime of Aggression. It concentrates on four main points - the inherent indeterminacy of the definition of aggression, its uncertain application to recent cases concerning the use of force, the involvement of the Security Council in the exercise of jurisdiction, and, finally, the danger of concentrating issues of jus in bello and jus contra bellum in one single court or tribunal. The contribution concludes that the time is not ripe for a codification of the crime of aggression at a time at which the Court is still struggling to establish itself.

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