Abstract
This concise chapter summarizes, in twenty items, the main conclusions and recommendations of the book. Generally, it calls upon a further development of international—both conventional and customary—criminal law, with a view to a more effective prevention and, as the case may be in the future, repression of the crime of aggression.
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Notes
- 1.
ICC Statute, Article 5 (“Crimes within the jurisdiction of the Court”): “1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression.
2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations”.
- 2.
See Franck 2002.
- 3.
UN Charter, Article 2(7): “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII”.
- 4.
ICC Statute, Article 21 (“Applicable law”): “1. The Court shall apply:
(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;
(b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;
(c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.
2. The Court may apply principles and rules of law as interpreted in its previous decisions.
3. The application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status”.
- 5.
The role of experts on Islamic law would be particularly pertinent, given the obvious under-representation of Islamic States in the Assembly of States Parties to the Rome Statute of the International Criminal Court. On elements of Islamic (international criminal) law in the Rome Statute, see Malekian 2011, pp. 341–408.
- 6.
Cf. Haskos 2011, 249–268.
References
Franck TM (2002) Recourse to force: state action against threats and armed attacks. Cambridge University Press, Cambridge
Haskos SN (2011) An argument for the deletion of the crime of aggression from the Rome statute of the international criminal court. Pace Int Law Rev 23:249–268
Malekian F (2011) Principles of Islamic international criminal law: a comparative study, 2nd edn. Brill
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Sayapin, S. (2014). Conclusion. In: The Crime of Aggression in International Criminal Law. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-90-6704-927-6_6
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