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.
Chapter
11. Aggression
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7. Conventions
This chapter outlines the significance of conventions and their roles in the constitution. It notes that conventions reflect ideas about the constitution’s operation. Constitutional conventions are behaviours expected to be followed by constitutional actors. The chapter explains that courts will not directly enforce a convention, but they can still use them in their reasoning, and might do that indirectly. The chapter then provides an overview of typical conventions, such as the monarch’s appointment of the Prime Minister, ministerial responsibility to Parliament, and the circumstances in which Parliament must approve the use of military force.
