Book contents
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Table of documents
- I Introduction to the negotiation history
- II Amendments to the Rome Statute on the Crime of Aggression
- III Historical documents
- IV Travaux Préparatoires of the Amendments to the Rome Statute on the Crime of Aggression (1995–2010)
- 1995 Ad Hoc Committee
- 1996 Preparatory Committee, First and Second Session
- February 1997
- December 1997
- January 1998
- March/April 1998
- 1998
- February 1999
- July/August 1999
- November/December 1999
- March 2000
- November/December 2000
- February/March 2001
- September/October 2001
- April 2002
- July 2002
- 80 2002 Proposal by Samoa
- 81 2002 Proposal by Colombia
- 82 2002 Proposal by Belgium, Cambodia, Sierra Leone and Thailand
- 83 2002 Coordinator's Paper (July)
- September 2002
- September 2003
- June 2004
- June 2005
- December 2005
- June 2006
- November 2006
- January 2007
- June 2007
- December 2007
- June 2008
- November 2008
- February 2009
- April 2009
- June 2009
- November 2009
- March 2010
- May/June 2010
- V Index of Travaux Préparatoires
80 - 2002 Proposal by Samoa
Published online by Cambridge University Press: 05 June 2014
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Table of documents
- I Introduction to the negotiation history
- II Amendments to the Rome Statute on the Crime of Aggression
- III Historical documents
- IV Travaux Préparatoires of the Amendments to the Rome Statute on the Crime of Aggression (1995–2010)
- 1995 Ad Hoc Committee
- 1996 Preparatory Committee, First and Second Session
- February 1997
- December 1997
- January 1998
- March/April 1998
- 1998
- February 1999
- July/August 1999
- November/December 1999
- March 2000
- November/December 2000
- February/March 2001
- September/October 2001
- April 2002
- July 2002
- 80 2002 Proposal by Samoa
- 81 2002 Proposal by Colombia
- 82 2002 Proposal by Belgium, Cambodia, Sierra Leone and Thailand
- 83 2002 Coordinator's Paper (July)
- September 2002
- September 2003
- June 2004
- June 2005
- December 2005
- June 2006
- November 2006
- January 2007
- June 2007
- December 2007
- June 2008
- November 2008
- February 2009
- April 2009
- June 2009
- November 2009
- March 2010
- May/June 2010
- V Index of Travaux Préparatoires
Summary
Introduction
1. Resolution F of the Rome Conference, in paragraph 7, instructed the Preparatory Commission to “prepare proposals for a provision on aggression, including the definition and Elements of Crimes of aggression and conditions under which the International Criminal Court shall exercise its jurisdiction with regard to this crime”. The Commission has concentrated its efforts to date on the “definition” and the “conditions”. It occurred to us that the question of the Elements should not pass entirely unnoticed with the impending demise of the Preparatory Commission. The question is important, not only for its own sake, but also, and perhaps more importantly, for the light that it might shed on technical aspects of the “definition” and “conditions”.
2. The following is therefore a tentative first effort to think conceptually about the Elements of the Crime of aggression. We have taken the discussion paper proposed by the Coordinator on 1 April 2002 (PCNICC/2002/WGCA/RT.1) and tried to apply to it the conceptual structure contained in articles 30 and 32 of the Rome Statute as utilized in the draft Elements of Crimes (PCNICC/2000/1/Add.2) (hereinafter “Elements” or “Elements of Crimes”). In particular, we have operated on the premise that the crime of aggression can be conceptualized, like other crimes within the jurisdiction of the Court, in terms of “mental” elements and “material” elements, terms to be found (but not fully explained) in article 30 of the Rome Statute.
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- The Travaux Préparatoires of the Crime of Aggression , pp. 403 - 409Publisher: Cambridge University PressPrint publication year: 2011