Crime of Aggression under the Rome Statute of the International Criminal Court

Carrie McDougall's book is the first and most comprehensive academic study of the crime of aggression. It offers an exhaustive and sophisticated legal analysis of the crime's definition, jurisdiction, and practical issues. It is relevant to academics and practitioners interested in the crime of aggression, international criminal law, and the ICC.

\n Format: Paperback / softback
\n Length: 524 pages
\n Publication date: 12 August 2021
\n Publisher: Cambridge University Press
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After the crime of aggression was adopted under the Rome Statute of the International Criminal Court, Carrie McDougall, through her intimate involvement in the crime's negotiations and extensive scholarly reflection, produced the first and most comprehensive academic study on this topic. This updated second edition offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the provisions governing the ICC's exercise of jurisdiction over the crime. It explores the desirability of holding individuals accountable for unlawful uses of inter-State armed force, the geo-political significance of the crime, and a range of practical issues likely to arise in prosecutions before both the ICC and domestic courts. This book is of utmost relevance to all academics and practitioners interested in the crime of aggression, as well as broader issues relating to the prohibition of the use of force, international criminal law, and the ICC.

The Rome Statute of the International Criminal Court (ICC) is a significant legal instrument that established the crime of aggression as a global norm. This crime refers to the use of armed force by a State against another State without prior authorization from the United Nations Security Council. Carrie McDougall, a renowned expert in international law and the ICC, played a pivotal role in the negotiations that led to the adoption of the Rome Statute.

In her book, "The Crime of Aggression: A Comprehensive Legal Analysis," McDougall delves into the intricate details of the crime of aggression. She provides a comprehensive and nuanced legal analysis of the crime's definition, scope, and consequences. McDougall explores the historical background, legal framework, and philosophical underpinnings of the crime, as well as the challenges and controversies surrounding its implementation.

One of the key aspects of McDougall's book is its examination of the ICC's exercise of jurisdiction over the crime of aggression. She discusses the criteria for determining whether a case falls within the ICC's jurisdiction and the procedures that the ICC follows in investigating and prosecuting cases. McDougall also analyzes the legal implications of the ICC's jurisdiction, including the potential impact on national sovereignty and the role of the Security Council in the process.

In addition to its legal analysis, "The Crime of Aggression" also explores the geo-political significance of the crime of aggression. McDougall examines the historical context in which the crime was developed and the role it plays in contemporary international relations. She analyzes the political, economic, and security interests that drive states to engage in aggression and the consequences of such actions for global peace and security.

McDougall also addresses a range of practical issues that are likely to arise in prosecutions before both the ICC and domestic courts. She discusses the challenges of gathering evidence, the role of witnesses and experts, and the procedures for trial and sentencing. McDougall also explores the role of national courts in complementing the work of the ICC and the potential for cooperation between international and domestic legal systems.

"The Crime of Aggression: A Comprehensive Legal Analysis" is a valuable resource for academics, practitioners, policymakers, and anyone interested in the crime of aggression and international criminal law. It provides a comprehensive and sophisticated legal analysis of the crime, its definition, scope, and consequences. McDougall's book is well-researched, well-written, and accessible to a wide audience.

In conclusion, the crime of aggression was adopted under the Rome Statute of the International Criminal Court as a response to the need for a global norm to address the use of armed force against another State without prior authorization. Carrie McDougall's book, "The Crime of Aggression: A Comprehensive Legal Analysis," is a seminal contribution to the field of international law and the ICC. Through her extensive scholarly reflection and intimate involvement in the crime's negotiations, McDougall provides a comprehensive and nuanced legal analysis of the crime, its definition, scope, and consequences. She also explores the geo-political significance of the crime and addresses a range of practical issues that are likely to arise in prosecutions before both the ICC and domestic courts. "The Crime of Aggression: A Comprehensive Legal Analysis" is a valuable resource for academics, practitioners, policymakers, and anyone interested in the crime of aggression and international criminal law.

\n Weight: 714g\n
Dimension: 154 x 228 x 30 (mm)\n
ISBN-13: 9781108738521\n
Edition number: 2 Revised edition\n