Volume 1: Introduction: the crime of aggression and the international legal order Claus Kreß; Part I. History: 1. World War I, Wilhelm II and Article 227: the origin of the idea of 'aggression' in international criminal law Kirsten Sellars; 2. The crimes against peace precedent Carrie McDougall; 3. The legacy of the Tokyo dissents on 'crimes against peace' Kirsten Sellars; 4. The General Assembly's definition of the act of aggression Thomas Bruha; 5. The practice of the Security Council regarding the concept of aggression Nicolaos Strapatsas; 6. The International Court of Justice and the concept of aggression Dapo Akande and Antonios Tzanakopoulos; 7. The International Law Commission's work on aggression James Crawford; 8. Negotiations on the Rome Statute (1995–1998) Roger S. Clark; Part II. Theory: 9. Just war theory and the crime of aggression Larry May; 10. The modern doctrinal debate on the crime of aggression Florian Jeßberger; 11. The specificity of the crime of aggression Astrid Reisinger Coracini and Pål Wrange; 12. Aggression and international human rights law William Schabas; Part III. Crime of Aggression under Current International Law: 13. Interpreting the crime of aggression Leena Grover; 14. The state conduct element Claus Kreß; 15. Individual conduct Roger S. Clark; 16. General principles of international criminal law Roger S. Clark; 17. Entry into force and conditions for the exercise of jurisdiction: cross-cutting issues Stefan Barriga and Niels Blokker; 18. Conditions for the exercise of jurisdiction based on Security Council referrals Niels Blokker and Stefan Barriga; 19. Conditions for the exercise of jurisdiction based on state referrals and proprio motu investigations Stefan Barriga and Niels Blokker; 20. Immunities Helmut Kreicker; 21. The crime of aggression, domestic prosecutions and complementarity Pål Wrange; 22. The judicial function of the pre-trial division Eleni Chaitidou, Franziska Eckelmans and Barbara Roche; 23. Victims of the crime of aggression Erin Pobjie; Part IV. Crime of Aggression and National Law: 24. Croatia Ksenija Turković and Maja Munivrana Vajda; 25. Germany Elisa Hoven; 26. Estonia Andres Parmas; 27. Russia Svetlana Glotova; 28. United Kingdom Roger O'Keefe. Volume 2: 29. The Arab world Mohamed M. El Zeidy; 30. Asia Nina H. B. Jørgensen; 31. (Extended) synopsis: the crime of aggression under domestic criminal law Astrid Reisinger Coracini; 32. Selected national laws and regional instruments on the crime of aggression Astrid Reisinger Coracini; Part V. Crime of Aggression and the Future World Order: Section 1. Actors' Views: 33. Brazil Marcel Biato and Marcelo Böhlke; 34. China Zhou Lulu; 35. France Edwige Belliard; 36. Germany Susanne Wasum-Rainer; 37. India Narinder Singh; 38. Iran Djamchid Momtaz and Esmaeil Baghaei Hamaneh; 39. Israel Roy Schöndorf and Daniel Geron; 40. Japan Ichiro Komatsu; 41. Republic of Korea (South Korea) Young Sok Kim; 42. Norway Rolf Einar Fife; 43. Russia Gennady Kuzmin and Igor Panin; 44. South Africa Andre Stemmet; 45. United Kingdom Christopher Whomersley; 46. United States Harold Hongju Koh and Todd F. Buchwald; 47. Egypt Namira Negm; 48. Civil society Noah Weisbord; Section 2. Scholarly Reflections: 49. 'A trap to the innocent …' Martti Koskenniemi; 50. Unjust war and the crime of aggression Jeff McMahan; 51. What is the specific evil of aggression? Frédéric Mégret; 52. The crime of bootstrapping Jens David Ohlin; 53. Amending the crime of aggression under the Rome Statute David Scheffer; Epilogue: the long journey to Kampala - a personal memoir Benjamin B. Ferencz.
This is the definitive commentary on the crime of aggression over two volumes, including the first analysis of its history, theory, legal interpretation and future.
Claus Kreß is Professor of Criminal Law and Public International Law and Director of the Institute of International Peace and Security Law at the University of Cologne. Previously, he practiced in the German Federal Ministry of Justice on matters of criminal law and international law, and he has been a member of Germany's delegations in the negotiations regarding the International Criminal Court since 1998. In 2014, he was winner of the M. C. Bassiouni Justice Award. Stefan Barriga served as the principal legal advisor to the chief negotiators on the crime of aggression from 2003 to 2010, and is widely acknowledged as the main expert in charge of the drafting of the Working Group's proposals, papers and reports during that period. He is now the Deputy Permanent Representative of the Principality of Liechtenstein to the United Nations in New York.
'Kreß and Barriga have brought together leading theorists, lawyers,
diplomats, and advocates to examine every aspect of the crime of
aggression, from the definition of the offense to its
jurisdictional constraints, from its drafting history to its
domestic implementation, and from its relationship with the UN
Charter to its relationship with just war theory … No international
law library will be complete without these two volumes.' Adil Ahmad
Haque, Just Security (www.justsecurity.org)
'The parts amount to a comprehensive anthology on the illegal use
of force between states. Given the fundamental importance of the
topic of the crime of aggression for the international legal order
as a whole, and the leading expertise of the editors and many of
the authors, the volumes are indispensable to international lawyers
and international relations experts alike.' Morten Bergsmo, Journal
of Peace Research
'The Crime of Aggression: A Commentary is an outstanding
contribution to the field and provides in-depth analysis that is of
value to academics and practitioners alike. … [The book] is already
- and will undoubtedly remain - the reference work for
international (criminal) lawyers as well as political scientists.
It contains contributions by over 50 experts known for their
extensive knowledge of the field and its day-to-day intricacies.'
Mayeul Hiéramente, Sicherheit und Frieden
'The publication is a remarkable contribution and to those wishing
to understand the Rome Stature, its evolution and the crime of
aggression in particular, it will be a welcome piece into the
library. There were already some books published on the topic since
2010 but this publication is unique both in its size and span.'
Milan Lipovsky, Czech Yearbook of Public and Private International
Law
'In a nutshell, Crime of Aggression: A Commentary should be the
cornerstone volume on the crime of aggression. The editors have
succeeded in a risky task: to account for the complexity of
interpreting the crime of aggression in a language accessible to a
wider audience. The richness of the book lies in the editors'
endeavour to provide the readers with all elements needed to
comprehensively interpret the crime of aggression. This work is
essential reading for international criminal lawyers and other
social scientists.' Journal of International Criminal Justice
'This two-volume work has been composed and edited by (two patrons
of the Crime of Aggression, namely) Claus Kress and Stefan Barriga,
the scholar and the diplomat. Both editors have in their respective
capacity indefatigably striven for the creation of a robust
accountability regime for the illegal use of force. The two tomes
that they have put together are, in a way, further proof of their
dedication to this ambitious undertaking … It is the great merit of
this book to bring all those different issues together, and to do
so in such an impressive fashion. The two magnificent volumes, rich
in perspective and thorough in analysis, are therefore without any
doubt among the most authoritative works on the crime of
aggression.' Larissa van den Herik, Leiden Journal of International
Law
'Kress and Barriga have compiled an impressive and richly nuanced
collection of scholarship on the crime of aggression, comprising
historical, theoretical, conceptual, technical, practice-oriented
and philosophical perspectives, which convey the complexity of the
legal issues that arise from the crime of aggression as defined in
Kampala. In light of the recent activation of the jurisdiction of
the ICC [International Criminal Court] over the crime of aggression
in July 2018, this extensive commentary will appeal to scholars and
practitioners as a contemporary source of reference.' Meagan S.
Wong, Journal of Conflict & Security Law
'These volumes could be regarded as an immense contribution in the
area of international criminal law providing an overview of the
state of play regarding the crime of aggression. All the
fifty-three contributions extensively deal with both substantive
and procedural issues. The detailed bibliography in each of the
chapters provides an advantage to those who intend to research
further.' V. G. Hegde, Indian Journal of International Law
'… the book edited by Claus Kreß and Stefan Barriga offers an
engaging narrative which explores every aspect of the crime of
aggression, as it discusses not only theory and history, but also
as many practical aspects as possible. It will certainly find a
well-deserved place on the [shelves] of many practitioners and
academics.' Agata Kleczkowska, Polish Yearbook of International
Law
'The Crime of Aggression: A Commentary is nothing short of a jewel.
The editors have succeeded in compiling in two majestic tomes all
the material indispensable for grasping in depth the milestone
achieved in Kampala. From the attempted trial of the Kaiser, via
Nuremberg to Kampala - and now New York - the crime of aggression
has always attracted and continues to attract a significant degree
of controversy … Whether one looks for an historical,
legal-technical, theoretical, critical, political or philosophical
account of the crime of aggression, this commentary will illuminate
his or her research. Indeed, it delves profoundly into all aspects
of the crime and is therefore an essential read for international
criminal law scholars, policymakers and practitioners.' Alexandre
Skander Galand, European Journal of International Law
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