AGGRESSION AND STATE RESPONSIBILITY AT THE INTERNATIONAL CRIMINAL COURT
نویسندگان
چکیده
Abstract The definition of the crime aggression in Article 8 bis Rome Statute International Criminal Court (Rome Statute) stipulates that a State act is material element crime, suggesting an intrinsic link between individual criminal responsibility and for aggression. This article argues provides legal basis (ICC) to determine when considering elements aggression, which has important practical conceptual implications law international responsibility. Although content flows automatically from breach obligation, it argued finding pursuant may be considered as form satisfaction purposes 37 2001 ILC Articles on Responsibility States Internationally Wrongful Acts (2001 Articles). Furthermore, requires by its character, gravity, scale constitute manifest violation Charter United Nations, line with nomenclature used within regarding serious breaches obligations arising peremptory norms general ( jus cogens ). considers role ICC play relation obligation refrain
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ژورنال
عنوان ژورنال: International and Comparative Law Quarterly
سال: 2021
ISSN: ['0020-5893', '1471-6895']
DOI: https://doi.org/10.1017/s0020589321000373