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70 - 2000 Comments by Colombia on the Italian Proposal

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

Welcoming the important Italian proposal on methodology for the treatment of the crime of aggression at subsequent meetings, we support the suggestion of thematic approximation. With respect to the items suggested by Italy, we have a few comments:

1. With regard to the definition of the crime of aggression, the Colombian proposal involves a general definition, not a detailed list such as the one contained in General Assembly resolution 3314 (XXIX). We believe that the first option guarantees greater scope for the concept, whereas the second option may limit protection of a country's territorial integrity, sovereignty and political independence, if they are subjected to attacks not covered in the list.

Notwithstanding the above, if the option of a list of acts constituting aggression would facilitate consensus, our delegation would suggest that the acts included as elements of aggression should be included only as examples.

2. With regard to the conditions for the exercise of the jurisdiction of the Court, we believe that the scope of jurisdiction must be clarified in relation to the jurisdiction of the Security Council under the Charter of the United Nations.

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Publisher: Cambridge University Press
Print publication year: 2011

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