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International Criminal Law

International Criminal Law (1st edn)

Douglas Guilfoyle
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date: 28 September 2022

11. Aggressionlocked

11. Aggressionlocked

  • Douglas GuilfoyleDouglas GuilfoyleAssociate Professor of Law, Monash University

Abstract

This chapter focuses on the crime of aggression. It first traces the historical development crime of aggression. It then addresses the question of who can be considered a perpetrator of the crime; outlines the manner in which the crime can be committed; examines the controversial question of how ‘aggression’ is to be defined for the purposes of the offence; and distinguishes between aggression and lawful uses of military force in international law. The remainder of the chapter discusses some controversial cases of the use of force and whether they might constitute aggression; outlines the mental element required; explains the applicable law before the International Criminal Court (ICC); and explores the possibility of prosecuting acts of aggression before national courts.

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