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Title
Making aggression a crime under domestic law : on the legislative implementation of article 8bis of the ICC statute / Annegret Hartig.
ISBN
9789462655911 (electronic bk.)
946265591X (electronic bk.)
9462655901
9789462655904
Imprint
[S.l.] : T.M.C. Asser Press, 2023.
Language
English
Description
1 online resource
Other Standard Identifiers
10.1007/978-94-6265-591-1 doi
Call Number
KZ7140
Dewey Decimal Classification
341.62
Summary
This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the supreme international crime that gave birth to international criminal law in Nuremberg, its ICC Statute definition has been incorporated into domestic law by fewer than 20 States. The crime of aggression was also omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current inability of the International Criminal Court to respond to the Russian aggression towards Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression. The fundamental issues discussed in this volume include the obligation to criminalize aggression, the core wrong of the crime, the normative gaps under domestic law and the jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition into domestic law, the geographical ambit of domestic jurisdictionmost notably universal jurisdictionas well as legal challenges such as immunities. The book is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of interest contained within it. Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at the University of Hamburg where she obtained her doctoral degree in international criminal law.
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Series
International criminal justice series ; v. 32. 2352-6726
Available in Other Form
Print version: 9789462655904
Chapter 1. Introduction
Chapter 2. An Obligation to Criminalize Aggression Under Domestic Law?
Chapter 3. The Core Wrong of the Crime of Aggression
Chapter 4. Mapping the Normative Gaps Under Domestic Law
Chapter 5. The Restricted Jurisdictional Regime of the International Criminal Court
Chapter 6. Options for Incorporating the Definition of the Crime of Aggression into Domestic Law
Chapter 7. Legislative Specification of the Geographical Ambit of Domestic Criminal Jurisdiction
Chapter 8. Legal Challenges for Foreign Adjudicative Jurisdiction
Summary and Final Conclusions
Annex
Index.
