International Criminal Law Essays

Guest Editors: Claus Kress is Professor of Criminal Law and International Law, University of Cologne, Germany and Member of the German delegation during the negotiations on the ICC since 1998.

He was Sub-coordinator on the negotiations on the individual conduct of the crime of aggression during the ‘Princeton Process’ and Focal Point for informal consultations on some understandings on the crime of aggression at the 2010 ICC Review Conference at Kampala.

It has begun to put flesh on the legal bones provided by States, including through creating policy documents to provide greater transparency on key procedures, or to highlight particular themes of activity.

In recent years, this intiative has largely been led by the Office of the Prosecutor.

Under the Rome Statute of the International Criminal Court, enslavement is, in some cases, prosecutable as a crime against humanity or, arguably in some narrower cases, a war crime. This Special Issue of the addresses this question, and asks what role international criminal justice can play in bridging the gap.

This special issue was guest edited by James Cockayne.The opening piece places the attempts to criminalize aggression in historical context, drawing on archival materials from the inter-war period.Some contributions reflect on the broad impact of the Kampala compromise upon the principle of complementarity; judicial independence and equality before the law; the law of treaties; and the development of customary international law, particularly on rules governing the use of force.Transnational Business and International Criminal Law July 2010, Volume 8, Issue 3 Transnational corporations are sometimes directly, more often indirectly, involved in massive human rights violations amounting to international crimes.While this is true in times of peace, the animus lucri faciendi, the goal of making a profit, is particularly powerful in times of conflict. While efforts to hold military and political leaders accountable for the commission of international crimes have been increasingly successful over the past decades, the prosecution and punishment of their business accomplices remain rare dedicated to the International Law Commission's draft articles on crimes against humanity.In time, these draft articles may become a convention on the prevention and punishment of crimes against humanity, and the Commission's work has now reached a stage where critical analysis by others can only be welcomed.While it is too early to reach definitive conclusions on the nature, scope and implications of the crime of aggression, enough time has passed to engage in analysis of an intermediate nature, which goes beyond the immediate reactions to the Kampala compromise.This Special Issue brings together leading academics, representatives of human rights organizations, historians, and younger scholars working within the field.Other articles explore important issues that were not considered during the Review Conference, such as the ambiguous place of ‘quasi states’, the uncertain status of the understandings, and the possible contours of individual civil responsibility for aggression.The rich variety of perspectives included in this Special Issue seeks to extend and to deepen the discussion of the crime of aggression.


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