Debate | Grotius Dialogue
Agression and the International Criminal Court : the issue of State responsibility
- Dr. Meagan Wong
- 20 March 2018
- Kamerlingh Onnes Building
2311 ES Leiden
The activation of jurisdiction ratione materiae of the International Criminal Court (ICC) over the crime of aggression raises important issues of international criminal law. It also raises perhaps less obvious issues of State responsibility in relation to aggression, which this dialogue proposes to consider in three parts, dealing in turn with determination and content of State responsibility, and challenges of these decisions by States.
First, does the ICC determine State responsibility for aggression? This question needs to be considered by reference to law of treaties and international institutional law aspects of the powers and function of the ICC pursuant to the definition of the crime in the Amendments to the Rome Statute of the International Criminal Court.
Secondly, what is the content of State responsibility for aggression that can be applied by the ICC? Law of State responsibility on the issue, reflected in Part Two of the 2001 ILC Articles of State responsibility for internationally wrongful acts, points to satisfaction as an appropriate form of reparation, and in particular the elements of declaration and punishment of perpetrators.
Thirdly, can States question and challenge the powers of the Court to determine and implement State responsibility? This question calls for consideration of judicial remedies for States.
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The Grotius Dialogues are coordinated by Jens Iverson.