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29 - The Arab World

from Part IV - Crime of Aggression and National Law

Published online by Cambridge University Press:  06 April 2017

Claus Kreß
Affiliation:
Universität zu Köln
Stefan Barriga
Affiliation:
United Nations, New York
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The Crime of Aggression
A Commentary
, pp. 960 - 992
Publisher: Cambridge University Press
Print publication year: 2016

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References

Primary Sources

Abou-Zahara, M., Al Garimah wa Al-Ukubah fe Al-Fikh Al-Islami (Crime and Punishment in Islamic Jurisprudence) (Cairo: Dar Al-Fikr Al-Araby, 1998).Google Scholar
Ambos, K., Treaties on International Criminal Law: The Crimes and Sentencing, vol. II (3 vols., Oxford University Press, 2014).Google Scholar
Atlam, C., Tagrim Intihakat Al Kanoun Al Dowaly Al Insany: Manhag Wa Mawdoa Al Taadil Al Tashriaay ‘Derasah Mokaranah’ (Criminalizing Violations of International Humanitarian Law: Method and the Subject-Matter of Legislative Amendments: A Comparative Study), 2nd edn (Geneva: ICRC, 2004).Google Scholar
Auda, A., Al-Tashria Al-Genai Al-Islami Mukaranan bel Khanoon Al-Wadai (Islamic Criminal Legislation: A Comparison with Positive Law), vol. I (Cairo: Nadi Al-Koudah, 1984).Google Scholar
Brownlie, I., Principles of Public International Law, 6th edn (Oxford University Press, 2003).Google Scholar
Cassese, A., International Criminal Law (Oxford University Press, 2003).Google Scholar
Dinstein, Y., War, Aggression and Self-Defence, 5th edn (Cambridge University Press, 2011).Google Scholar
El Zeidy, M. M., The Principle of Complementarity in International Criminal Law (Leiden: Martinus Nijhoff, 2008).Google Scholar
Goodrich, L. M. et al., Charter of the United Nations: Commentary and Documents, 3rd rev. edn (New York: Columbia University Press, 1969).Google Scholar
Gray, C., International Law and the Use of Force, 2nd edn (Oxford University Press, 2004).Google Scholar
Herzog, C. and Gazil, S., The Arab Israeli Wars and Peace in the Middle East from the 1948 War of Independence to the Present, 2nd edn (New York: Vintage, 2005).Google Scholar
Khadduri, M., The Islamic Law of Nations: Shaybānīs Siyar (Baltimore, MD: Johns Hopkins University Press, 1966).Google Scholar
Malekian, F., Principles of Islamic International Criminal Law: A Comparative Search, 2nd edn (Boston, MA: Brill, 2011).Google Scholar
McDougall, C., The Crime of Aggression under the Rome Statute of the International Criminal Court (Cambridge University Press, 2013).Google Scholar
Ramadan, S., Islamic Law: Its Scope and Equity (London: Safron Press, 1961).Google Scholar
Schabas, W. A., The International Criminal Court: A Commentary on the Rome Statute (Oxford University Press, 2010).CrossRefGoogle Scholar

Secondary Sources

Barriga, S., ‘Against the Odds: The Results of the Special Working Group on the Crime of Aggression’, in Barriga, S. et al. (eds.), The Princeton Process on the Crime of Aggression (Princeton University Press, 2009), 120.Google Scholar
Clark, R. S., ‘Complementarity and the Crime of Aggression’, in Stahn, C. and El Zeidy, M. M. (eds.), The International Criminal Court and Complementarity: From Theory to Practice (Cambridge University Press, 2011), 721–44.Google Scholar
Clark, R. S., ‘The Crime of Aggression’, in Stahn, C. (ed.), The Law and Practice of the International Criminal Court (Oxford University Press, 2015), 778800.Google Scholar
Kirsch, N., ‘Article 39’, in Simma, B. et al. (eds.), The Charter of the United Nations: A Commentary, 3rd edn, vol. II (2 vols., Oxford University Press, 2012), 1272–96.Google Scholar
Kirsch, N., ‘Article 42’, in Simma, B. et al. (eds.), The Charter of the United Nations: A Commentary, 3rd edn, vol. II (2 vols., Oxford University Press, 2012), 1330–50.Google Scholar
Randelzhofer, A. and Dörr, A., ‘Article 2(4)’, in Simma, B. et al. (eds.), The Charter of the United Nations: A Commentary, 3rd edn, vol. I (2 vols., Oxford University Press, 2012), 200–34.Google Scholar
Reisinger Coracini, A., ‘Evaluating Domestic Legislation on the Customary Crime of Aggression under the Rome Statute’s Complementarity Regime’, in Stahn, C. and Sluiter, G. (eds.), The Emerging Practice of the International Criminal Court (Leiden: Martinus Nijhoff, 2009), 725–54.Google Scholar
Schabas, W. A., ‘Origins of the Criminalization of Aggression: How Crimes against Peace Became the “Supreme International Crime”’, in Politi, M. and Nesi, G. (eds.), The International Criminal Court and the Crime of Aggression (Aldershot: Ashgate, 2004), 1732.Google Scholar
Ambos, K., ‘The Crime of Aggression after Kampala’, German Yearbook of International Law, 53 (2010), 463509.Google Scholar
Broms, B., ‘An Appraisal of the Definition of Aggression in Theory and Practice’, Recueil des Cours, 154 (1977), 362–84.Google Scholar
Broms, B., ‘The Definition of Aggression’, Recueil des Cours, 154 (1977), 336–61.Google Scholar
Cassese, A., ‘When May Senior State Officials be Tried for International Crimes? Some Comments on the Congo v. Belgium Case’, European Journal of International Law, 13 (2002), 853–75.Google Scholar
Elbe, J., ‘The Evolution of the Concept of the Just War in International Law’, American Journal of International Law, 33 (1939), 665–68.Google Scholar
El Zeidy, M. M., ‘The United States Dropped the Atomic Bomb of Article 16 of the ICC Statute: Security Council Power of Deferrals and Resolution 1422’, Vanderbilt Journal of Transnational Law, 35 (2002), 1503–44.Google Scholar
El Zeidy, M. M., ‘Universal Jurisdiction in Absentia: Is it a Legally Valid Option for Repressing Heinous Crimes?’, Oxford University Comparative Law Forum, 4 (2003), 835–61.Google Scholar
El Zeidy, M. M., ‘Egypt and Current Efforts to Criminalize International Crimes’, International Criminal Law Review, 5 (2005), 247–66.Google Scholar
El Zeidy, M. M. and Murphy, R., ‘Islamic Law on Prisoners of War and its Relationship with International Humanitarian Law’, Italian Yearbook of International Law, 14 (2004), 5381.CrossRefGoogle Scholar
Ferencz, B. F., ‘Aggressive War: The Biggest Crime Against Humanity’, Studies in Transnational Legal Policy, 43 (2011), 3157.Google Scholar
Heinsch, R., ‘The Crime of Aggression after Kampala: Success or Burden for the Future’, Goettingen Journal of International Law 2 (2010), 713–43.Google Scholar
Hossain, K., ‘The Complementary Role of the United Nations General Assembly in Peace Management’, Usak Yearbook of International Politics and Law 2(2009), 6987.Google Scholar
Kleffner, J., ‘The Impact of Complementarity on National Implementation of Substantive International Criminal Law’, Journal of International Criminal Justice, 1 (2003), 86113.Google Scholar
Kreß, C., ‘Universal Jurisdiction over International Crimes and the Institut de Droit International’, Journal of International Criminal Justice, 4 (2006), 561–85.Google Scholar
Kreß, C. and von Holtzendorff, L., ‘The Kampala Compromise on the Crime of Aggression’, Journal of International Criminal Justice, 8 (2010), 1179–217.Google Scholar
Lafontaine, F., ‘The Unbearable Lightness of International Obligations: When and How to Exercise Jurisdiction Under Canada’s Crimes against Humanity and War Crimes Act’, Revue Québécoise de droit international, 23 (2010), 150.Google Scholar
Mokhtar, A., ‘The Fine Art of Arm-Twisting: The US Resolution 1422 and Security Council Deferral Power under the Rome Statute’, International Criminal Law Review, 3 (2003), 295344.Google Scholar
Schabas, W. A., ‘Canadian Implementing Legislation for the Rome Statute’, Yearbook of International Humanitarian Law, 3 (2000), 337–46.Google Scholar
Scharf, M., ‘Universal Jurisdiction and the Crime of Aggression’, Harvard International Law Journal, 53 (2012), 357–90.Google Scholar
Stahn, C., ‘The Ambiguities of Security Council Resolution 1422 (2002)’, European Journal of International Law, 14 (2003), 85104.Google Scholar
Stahn, C., ‘Syria and the Semantics of Intervention, Aggression and Punishment. On “Red Lines” and “Blurred Lines”’, Journal of International Criminal Justice, 11 (2013), 955–77.Google Scholar
Wright, Q., ‘The Middle Eastern Crisis’, American Society of International Law Proceedings, 64 (1970), 7177.Google Scholar
Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), ICJ Reports (2005), 168.Google Scholar
Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of Congo v. Belgium), ICJ Reports (2002), 3.Google Scholar
Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, ICJ Reports (1986), 14.Google Scholar
Desire Munyaneza v. The Canadian Centre for International Justice et al. [2014 QCCA 906], Judgment, 7 May 2014.Google Scholar
National Commissioner of the South African Police Service v. Southern African Human Rights Litigation Centre (485/2012) [2013] ZASCA 168, 27 November 2013.Google Scholar
National Commissioner of the South African Police Service v. Southern African Human Rights Litigation Centre and Another [2014] ZACC 30, 30 October 2014.Google Scholar
Oil Platforms case (Islamic Republic of Iran v. United States of America), ICJ Reports (2003), 161.Google Scholar
Ould Dah v. France, Decision on Admissibility, Application No. 13113/03, ECtHR, 17 March 2009.Google Scholar
Prosecutor v. Muthaura et al., Judgment on the Appeal of the Republic of Kenya against the Decision of Pre-Trial Chamber II of 30 May 2011 entitled ‘Decision on the Application by the Government of Kenya Challenging the Admissibility of the Case Pursuant to Article 19(2)(b) of the Statute’, ICC-01/09-02/11-274, 30 August 2011.Google Scholar
Prosecutor v. Tadić, Decision, ICTY-94-1-AR72, 2 October 1995.Google Scholar
Prosecutor v. Thomas Lubanga, Judgment on the Appeal of Mr Thomas Lubanga Dyilo against his Conviction, ICC-01/04-01/06-3121-Red, 1 December 2014.Google Scholar
Prosecutor v. Zejnil Delalic et al., Judgment, ICTY-96-21-T, 16 November 1998.Google Scholar
Arab League, Doc. (0040) ج-01/(01/09) 25/03-11 ج (on file with the author).Google Scholar
Arab League, Doc. 2005/11/29-21د-598ق).Google Scholar
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (adopted 10 December 1984, entered into force 26 June 1987), 1465 UNTS 85.Google Scholar
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (adopted 23 September 1971, entered into force 16 January 1973, as amended on 24 February 1988), 974 UNTS 178.Google Scholar
Convention for the Suppression of Unlawful Seizure of Aircraft (adopted 16 December 1970, entered into force 14 October 1971), 860 UNTS 105.Google Scholar
Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (adopted 14 December 1973, entered into force 20 February 1977), 1035 UNTS 167.Google Scholar
Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (adopted 13 January 1993, entered into force 29 April 1997), 1974 UNTS 45.Google Scholar
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (adopted 12 August 1949, entered into force 21 October 1950), 75 UNTS 31.Google Scholar
Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (adopted 12 August 1949, entered into force 21 October 1950), 75 UNTS 85.Google Scholar
Geneva Convention Relative to the Protection of Civilian Persons in Time of War (adopted 12 August 1948, entered into force 21 October 1950), 75 UNTS 287.Google Scholar
Geneva Convention Relative to the Treatment of Prisoners of War (adopted 12 August 1949, entered into force 21 October 1950), 75 UNTS 135.Google Scholar
Global Research, ‘Secret Memo by Donald Rumsfeld Proves Iraq War Started on False Pretenses’, 20 February 2013, available at: Arab_World.doc www.globalresearch.ca/secret-memo-by-donald-rumsfeld-proves-iraq-war-started-on-false-pretenses/5323576.Google Scholar
Human Rights Watch, ‘Universal Jurisdiction in Europe: The State of Art’, vol. XVIII, No. 5 (June 2006), 46, 50, available at: www.hrw.org/reports/2006/ij0606/index.htm.Google Scholar
International Convention against the Taking of Hostages (adopted 17 December 1979, entered into force 3 June 1983), 1316 UNTS 205.Google Scholar
Kirkup, J., ‘David Cameron: world setting a “dangerous” precedent not intervening in Syria’, The Telegraph, 6 September 2013, available at: www.telegraph.co.uk/news/worldnews/middleeast/syria/10291207/David-Cameron-world-setting-a-dangerous-precedent-not-intervening-in-Syria.html.Google Scholar
Meetings of the Arab Group of Experts Participating in the Seventh Session of the Preparatory Commission concerning the International Criminal Court (New York 26 February–9 March 2001) (First Meeting, 27 February 2001), (Third Meeting, 2 March 2001), (Fourth Meeting, 6 March 2001), (Sixth Meeting, 8 March 2001) (these reports are on file with the author).Google Scholar
Meetings of the Arab Group of Experts Participating in the Second Session of the Preparatory Commission concerning the International Criminal Court (New York 26 July–13 August 1999) (First Meeting, 27 July 1999), (Eighth Meeting, 5 August 1999) (on file with the author).Google Scholar
‘Memorandum submitted by Mr. Ricardo J. Alfaro’, UN Doc. A/CN.4/L.8, 30 May 1951, Yb ILC (1951), vol. II, 33.Google Scholar
Permanent Representatives of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates to the United Nations, ‘Letter Dated 24 August 1990 to the President of the Security Council’, UN Doc. S/21639.Google Scholar
Permanent Representatives of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates to the United Nations, ‘Letter Dated 8 August 1990 to the President of the Security Council’, UN Doc. S/21470.Google Scholar
Permanent Representative of Kuwait to the United Nations, ‘Letter Dated 2 August 1990 to the President of the Security Council’, UN Doc. S/21423.Google Scholar
Permanent Representative of Lebanon to the United Nations, ‘Letter Dated 11 April 1973 to the United Nations addressed to the President of the Security Council’, UN Doc. S/10911.Google Scholar
Permanent Representative of Tunisia to the United Nations, ‘Letter Dated 1 October 1985 to the President of the Security Council’, UN Doc. S/17509.Google Scholar
Permanent Representative of the United Arab Republic, ‘Letter Dated 27 May 1967 addressed to the President of the Security Council’, UN Doc. S/7909.Google Scholar
Permanent Representative of the United Arab Republic, ‘Letter Dated 7 November 1967 addressed to the President of the Security Council’, UN Doc. S/8226.Google Scholar
Radia, K., ‘Russia Compares Syria War Drums to Iraq Invasion, Warns of Consequences of Intervention’, ABC News, 25 August 2013.Google Scholar
Records of the Meeting of the Committee of Experts and Representatives of the Arab States concerning the Coordination of the Arab Position regarding International Conferences and Treaties, Cairo, 13–17 April 2003.Google Scholar
Records of the Twentieth Meeting of the Committee of Experts and Representatives of the Arab States concerning the Coordination of the Arab Position regarding International Conferences and Treaties (Revision of the Arab Draft Model Law for the Crimes falling within the Jurisdiction of the International Criminal Court), Cairo, 18–19 September 2005, Arab League, Doc. (0401) ج-01/(09/05) 02/03-11 ج (on file with the author).Google Scholar
Records of the Twenty-Fifth Meeting of the Arab Group of Experts … on the Examination of the Proposals tabled during the Seventh Session of the Assembly of States Parties Concerning the definition of the Crime of Aggression, Cairo, 28–29 January 2009, Arab League, Doc. (0040) ج-01/ (01/09) 25/03-11 ج (on file with the author).Google Scholar
‘Remarks on Syria’, Remarks by Secretary of State John Kerry, Press Briefing Room, 26 August 2013, available at: www.state.gov/secretary/remarks/2013/08/213503.htm.Google Scholar
Report and Recommendations of the Arab Group of Experts at the closing of the Eighth Session of the Preparatory Commission concerning the International Criminal Court, New York, 24 September–5 October 2001.Google Scholar
Report and Recommendations of the Arab Group of Experts for their Meetings during the Ninth Session of the Preparatory Commission concerning the International Criminal Court, New York, 8–19 April 2002 (these reports are on file with the author).Google Scholar
Report and Recommendations of the Eighth Meeting of the Committee of Experts and Representatives of the Arab States concerning the International Criminal Court, Cairo, 4–6 February 2001, 19 (on file with the author).Google Scholar
Report and Recommendations of the Meeting of the Committee of Experts and Representatives of the Arab States concerning the International Criminal Court, Cairo, 8–14 November 2000.Google Scholar
Report and Recommendations of the Ninth Meeting of the Committee of Experts and Representatives of the Arab States concerning the Coordination of the Arab Position regarding International Conferences and Treaties, Cairo, 9–13 June 2002.Google Scholar
Report of the Head of the Technical Secretariat for the Arab Ministers of Justice Council concerning the Eighth Session of the Preparatory Commission of the International Criminal Court, New York, 24 September–5 October 2001 (on file with the author).Google Scholar
Report on the Meeting of the Committee of Experts and Representatives of the Arab States concerning the International Criminal Court, Cairo, 20–24 June 1999, 6 (on file with the author).Google Scholar
Report on the Meeting of the Committee of Experts and Representatives of the Arab States concerning the International Criminal Court, Cairo, 25–28 January 1999 (on file with the author).Google Scholar
Resolution of the Executive Office for the Arab Justice Ministers Council, Arab League Doc. .(ق329-ج24-4/3/2002.Google Scholar
Secretary General, ‘Report: The Scope and Application of the Principle of Universal Jurisdiction’, 26 June 2013, UN Doc. A/68/113.Google Scholar
Security Council, Official Records, 1382nd Meeting, 22 November 1967, UN Doc. S/PV.1382 (OR).Google Scholar
Security Council Resolution 188 (1964) concerning a Complaint by Yemen, 9 April 1964, UN Doc. S/5650.Google Scholar
Security Council Resolution 573 (1985) concerning Israel and Tunisia, 4 October 1985, UN Doc. S/RES/573.Google Scholar
Security Council Resolution 660 (1990) concerning Iraq and Kuwait, 2 August 1990, UN Doc. S/RES/660.Google Scholar
Security Council Resolution 678 (1990) concerning Iraq and Kuwait, 29 November 1990, UN Doc. S/RES/678.Google Scholar
Security Council Resolution 2118 (2013) concerning the Middle East, 27 September 2013, UN Doc. S/RES/2118.Google Scholar
Seventh Annual Report on the Implementation of International Humanitarian Law in the Middle East and North Africa 2012–2014.Google Scholar
Sixth Annual Report on the Implementation of the International Humanitarian Law at the Level of Arab States 2010/2011.Google Scholar
Special Advisor to the Director of Central Intelligence, ‘Comprehensive Report on Iraqi’s WMD with Addendums’, vols. I–III, 30 September 2004.Google Scholar
Summary of the Arab Coordination Meetings on the sideline of the Seventh Session of the Assembly of States Parties to the Rome Statute, The Hague, 14–22 November 2008, Arab League Doc. (0040) ج-01/(01/09) 25/03-11ج.Google Scholar
US Government, ‘Assessment of the Syrian Government’s Use of Chemical Weapons on August 21, 2013’, 30 August 2013, available at: www.whitehouse.gov/the-press-office/2013/08/30/government-assessment-syrian-government-s-use-chemical-weapons-august-21.Google Scholar
US Secretary of State John Kerry, ‘Statement on Syria’, Treaty Room, 30 August 2013, US Department of State, available at: www.state.gov/secretary/remarks/2013/08/213668.htm.Google Scholar
Wilmshurst, E., ‘Definition of Aggression’, United Nations Audiovisual Library of International Law, available at: www.un.org/avl.Google Scholar

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