DEFINING THE CRIME OF AGGRESSION

Oscar Solera

Defining the Crime of Aggression represents an exhaustive study of States’ efforts to agree on a definition of the crime of aggression in contemporary international law. In his thorough analysis of state practice and opinio iuris, Oscar Solera traces the evolution of the notion of aggression from both the political and jurisprudential perspectives.

While the ICC Statute includes the crime of aggression, member States have not yet been able to define the crime. Oscar Solera proposes a definition that aims to balance the political interests of States and international criminal law principles. The definition takes into account both the need to punish those responsible for the commission of the most reprehensible crime in the eyes of the international community while assuaging fears in various camps concerning issues such as the relationship between the Security Council and the ICC and legal justification for the use of force. The author then tests his definition by examining three case studies –Kosovo, Afghanistan and Iraq– showing how his proposed definition of aggression would work in practice.

This book will be of great interest to diplomats and policy makers in government, especially in the areas of peace and security, to international criminal judges and practitioners, as well as to academics in international relations and international law.

ISBN 10: 1 905017 43 X

ISBN 13: 978 1 905017 43 0

• Hardback • 521pp • £85.00