Making Aggression a Crime Under Domestic Law: On the Legislative Implementation of Article 8bis of the ICC Statute

This book provides a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. It discusses the obligation to criminalize aggression, the core wrong of the crime, normative gaps under domestic law, and jurisdictional gaps under the ICC Statute. It also explores technical options for incorporating the definition into domestic law, the geographical ambit of domestic jurisdiction, and 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.

Format: Hardback
Length: 511 pages
Publication date: 14 March 2023
Publisher: T.M.C. Asser Press

This comprehensive book delves into the intricate legal challenges that arise for the legislative branch when incorporating the crime of aggression into domestic law. Despite being recognized as the "supreme international crime" that gave birth to international criminal law in Nuremberg, its definition has been adopted by fewer than 20 States under the International Criminal Court (ICC) Statute. Moreover, the crime of aggression was notably absent from the extensive discussions among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The ongoing inability of the International Criminal Court to address the Russian aggression towards Ukraine underscores the importance of continuing these academic debates while also considering the unique aspects of the crime of aggression.

The central themes explored 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 practical implementation of domestic enforcement, the book examines various technical options for incorporating the definition into domestic law, the geographical scope of domestic jurisdiction, particularly universal jurisdiction, and the legal challenges such as immunities.

This book is primarily designed for researchers and States with a keen interest in the domestic implementation of international criminal law. However, practitioners already working in this field will also find valuable insights and perspectives within its pages.

Dr. Annegret Hartig, the Program Director of the Global Institute for the Prevention of Aggression, holds a doctoral degree in international criminal law from the University of Hamburg. Her extensive experience in research and advocacy in the field of international criminal law makes her a respected authority on this topic.

Weight: 957g
Dimension: 235 x 155 (mm)
ISBN-13: 9789462655904
Edition number: 1st ed. 2023