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Comments on the Crime of Aggression Taking into Account the 4th Edition of the Commentary of the Rome Statute of the International Criminal Court

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Notes

  1. RC/Res.6 of 11/06/2010. Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression.

  2. Robert Heinsch, ‘The Crime of Aggression after Kampala: Success or Burden for the Future’ in Goettingen Journal of International Law [2010] 2, 713–44.

  3. ICJ, Military and paramilitary activities in and against Nicaragua, Judgment of 27/06/1986; Oil Platforms, Judgment of 3/02/2003; Armed activities in the territory of the Congo, Judgment of 19/12/2005; Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8/07/1996; Legal consequences of the construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion 9/07/2004.

  4. It is important to stress, as stated in Art. 10 of the Statute and understanding 4 adopted by the Kampala Review Conference (See RC/Res.6, Annex III) that the definition of aggression is only for the purposes of the Statute and cannot be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than the Statute.

  5. E. Wilmshurt, ‘Definition of Aggression’ (2008) in United Nations Audio-visual Library of International Law, 2. <https://legal.un.org/avl/pdf/ha/da/da_e.pdf>.

  6. Nicolaos Strapatsas, ‘The Practice of the Security Council Regarding the Concept of Aggression’ in Claus Kress and Stefan Barriga (eds), The Crime of Aggression: A Commentary, Volume 1, (2017) 178–203.

  7. Article 15 bis ICCS.

  8. United Nations Treaty Collection, Status of Amendments on the Crime of Aggression as of 15/03/2023. UNTC.

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* Judge at the International Criminal Court, The Hague, The Netherlands, E-mail: Socorro.FloresLiera@icc-cpi.int.

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Flores-Liera, S. Comments on the Crime of Aggression Taking into Account the 4th Edition of the Commentary of the Rome Statute of the International Criminal Court. Crim Law Forum 34, 443–447 (2023). https://doi.org/10.1007/s10609-023-09469-5

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