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99 - 2006 Proposed Chapeau Rewordings

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

Proposal A

For the purpose of the present Statute, a person commits a “crime of aggression” when, being in a position effectively to exercise control over or to direct the political or military action of a State, that person

[leads] [directs] [organizes and/or directs] [engages in]

the planning, preparation, initiation or execution of an act of aggression which, by its character, gravity and scale, constitutes a flagrant violation of the Charter of the United Nations.

Proposal B

For the purpose of the present Statute, “crime of aggression” means

[directing] [organizing and/or directing]

[engaging a State/the armed forces or other organs of a State in]

an act of aggression which, by its character, gravity and scale, constitutes a flagrant violation of the Charter of the United Nations, when being in a position effectively to exercise control over or to direct the political or military action of a State.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2011

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