Wong, Meagan (2020) 'The activation of the International Criminal Court's jurisdiction over the crime of aggression: International institutional law and dispute settlement perspectives.' International Community Law Review, 22 (2). 197 - 234. ISSN 1388-9036
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The activation of the ICC jurisdiction over the crime of aggression.pdf - Accepted Version Restricted to Repository staff only until 29 May 2021. Download (420kB) | Request a copy |
Abstract
In 2017 the plenary organ of the ICC, the ASP, adopted Resolution ICC-ASP/16/Res.5, activating the Court's jurisdiction over the crime of aggression; and confirming an interpretation of the Rome Statute. While the characterization of this Resolution as either a subsequent agreement or subsequent practice under Article 31(3) VCLT is relevant to treaty interpretation of the Rome Statute, this article submits that this Resolution is clearly a Rule of the International Organization, taken by one of its organs. Resolution ICC-ASP/16/Res.5 may constitute a ‘relevant rule’ of interpretation with regard to the Rome Statute, thereby taking precedence over the general rules of interpretation in Articles 31 and 32 of the VCLT; particularly when the interpreter is an organ of the ICC. If a dispute arises with regard to the interpretation of the Rome Statute on the crime of aggression, a specialist regime at the ICC exists for the settlement of disputes.
Item Type: | Article |
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Uncontrolled Keywords: | Crime of aggression; International Criminal Court; Subsequent agreement and subsequent practice under Article 31(3); Vienna Convention on the Law of Treaties; International Law Commission; Rules of the International Organization; International institutional law; Dispute settlement |
Divisions: | Faculty of Humanities > Law, School of |
Depositing User: | Elements |
Date Deposited: | 17 Jan 2020 21:10 |
Last Modified: | 19 Jun 2020 11:15 |
URI: | http://repository.essex.ac.uk/id/eprint/26501 |
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