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PUBLICATION: The Crime of Aggression and the Prohibition of the Use of Force—Reflections on the Relationship between the Rome Statute and General Public International Law

Rethinking the Crime of Aggression

Michael Lysander Fremuth, The Crime of Aggression and the Prohibition of the Use of Force – Reflections on the Relation between the Rome Statute and General Public International Law, in: Bock/Conze (Hrsg.), Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives, 1st edition: Asser Press/Springer 2022, pp. 171–205.

The crime of aggression becoming operational under the Rome Statute of the ICC can be seen as recourse to the early times of modern international criminal law when securing international peace had been its very rationale. The crime of aggression might become a subjective pillar of the prohibition of the use of force under the UN Charter. However, while the prohibition of the use of force is comprehensive and partially open to new developments of modern warfare, the crime of aggression knows a narrow definition that will also raise difficulties of delimiting the competencies of the ICC in relation to organs of the UN in particular. Combined with the strong (political) opposition to the ICC in general, this might cast doubt as to whether the crime of aggression will actually become a real contribution to the protection of international peace in the near future.

Asser Press/Springer
2022