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U.S. View of Crime of Aggression

Published online by Cambridge University Press:  06 June 2017

Sean D. Murphy
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Abstract

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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 95 , Issue 2 , April 2001 , pp. 400 - 401
Copyright
Copyright © American Society of International Law 2001

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References

1 See Finalized Draft Text of the Elements of Crimes, Preparatory Commission for the International Criminal Court, UN Doc. PCNICC/2000/INF/3/Add.2 (2000); Finalized Draft Text of the Rules of Procedure and Evidence, Preparatory Commission for the International Criminal Court, UN Doc. PCNICC/2000/INF/3/Add. 1 (2000); see also Christopher Keidi, Hall, The First Five Sessions of the UN Preparatory Commission for the International Criminal Court, 94 AJIL 773 (2000).Google Scholar

2 Article 5 of the ICC treaty provides that the ICC has jurisdiction over the crime of aggression. Such jurisdiction can be exercised, however, only at some future date when the parties, by amendment, define the crime and set out the conditions under which the ICC shall exercise such jurisdiction. Per Article 121, amendments may be proposed no sooner dian seven years after the treaty enters into force.

3 GA Res. 3314, UN GAOR, 29th Sess., Supp. No. 31, at 142 (annex), UN Doc. A/9631 (1975). For a two-volume collection of materials leading to the adoption of this resolution, see Benjamin, B. Ferencz, Defining International Aggression: The Search for World Peace (1975).Google Scholar

4 Theodor Meron, U.S. Dep’t of State, Statement on Crime of Aggression Before the ICC Preparatory Commission, at 2-3 (Dec. 6, 2000) (on file at GWU).