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43 - 1998 Proposal by Cameroon

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

Crimes within the jurisdiction of the Court

Proposals aimed at specifying the manner in which the crime of aggression (article 5) might fall within the jurisdiction of the Court, with the consequent reformulation of the relationship between the Court and the Security Council (article 10).

Option A

1. For the purpose of the present Statute, the crime of aggression is one of the following acts committed by an individual who is in a position of exercising control or capable of directing or guiding the political or military action of a State:

  1. initiating,

  2. planning,

  3. preparing,

  4. ordering, or

  5. launching

the use of armed force by that State against the sovereignty, territorial integrity or political independence of another State when this use of force is in manifest contravention of the Charter of the United Nations.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2011

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