MARIA CLELIA CICIRIELLO, L'aggressione in diritto internazionale. Da "crimine" di Stato a crimine dell'individuo (Aggression in International Law: From a Crime of State to a Crime of Individuals), Napoli, Editoriale Scientifica, 2002, pp. 156.

MARIA CLELIA CICIRIELLO, L'aggressione in diritto internazionale. Da "crimine" di Stato a crimine... The inclusion of "aggression" as an individual crime in the Statute of the International Criminal Court (Article 5) remains a much-debated issue. The Statute, in fact, does not provide a definition or scheme for punishing aggression and leaves this task to an amendment process, which allows statutory changes to become operative seven years after that Statute takes effect. In this light, the book under review appears quite interesting because it makes more understandable the question of whether the crime of aggression as an individual crime can be defined according to international customary law. The first part of the book focuses on the identification of the principle of individual criminal responsibility for war crimes and crimes against humanity. It also deals with the relationship between State responsibility and individual responsibility with regard to such crimes. The second part of the book aims to establish if international customary law also provides for individual criminal responsibility for the crime of aggression. Indeed, even though aggression emanates as an act of State, it is in fact carried out by its agents, namely those who are in a position of exercising control or directing the political or military action of a State. For http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

MARIA CLELIA CICIRIELLO, L'aggressione in diritto internazionale. Da "crimine" di Stato a crimine dell'individuo (Aggression in International Law: From a Crime of State to a Crime of Individuals), Napoli, Editoriale Scientifica, 2002, pp. 156.

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Publisher
Brill
Copyright
Copyright 2003 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0391-5107
eISSN
2211-6133
D.O.I.
10.1163/221161302X00255
Publisher site
See Article on Publisher Site

Abstract

The inclusion of "aggression" as an individual crime in the Statute of the International Criminal Court (Article 5) remains a much-debated issue. The Statute, in fact, does not provide a definition or scheme for punishing aggression and leaves this task to an amendment process, which allows statutory changes to become operative seven years after that Statute takes effect. In this light, the book under review appears quite interesting because it makes more understandable the question of whether the crime of aggression as an individual crime can be defined according to international customary law. The first part of the book focuses on the identification of the principle of individual criminal responsibility for war crimes and crimes against humanity. It also deals with the relationship between State responsibility and individual responsibility with regard to such crimes. The second part of the book aims to establish if international customary law also provides for individual criminal responsibility for the crime of aggression. Indeed, even though aggression emanates as an act of State, it is in fact carried out by its agents, namely those who are in a position of exercising control or directing the political or military action of a State. For

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2002

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