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The activation of the International Criminal Court's jurisdiction over the crime of aggression: International institutional law and dispute settlement perspectives

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). pp. 197-234. ISSN 1388-9036

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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
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
Faculty of Humanities > Law, School of
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 17 Jan 2020 21:10
Last Modified: 06 Jan 2022 14:09
URI: http://repository.essex.ac.uk/id/eprint/26501

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