Reconciling Quasi-States with the Crime of Aggression Under the ICC Statute

Authors

Sascha Dominik Bachmann
Yasser Abdelkader

Abstract

On June 11, 2010, a binding definition of the crime of aggression was finally adopted at the Review Conference of the Rome Statute in Kampala, Uganda. The Rome Statute¿s definition of the crime of aggression reflecting on existing practice leads to the assumption that State-like entities that lack universal recognition will not be covered by the Court¿s jurisdiction of the crime of aggression. Lack of clear definition of ¿State¿ in the Rome Statute gives the first indication of the implied exclusion of State-like entities from the scope of the crime of aggression. However, the most recent interpretation of the term ¿State¿ as provided by the International Criminal Court (ICC) delivers even more persuasive evidence, reinforcing the argument that these entities would not be covered by this amendment. This Article argues that uncertainty or explicit exclusion of these entities are both illegitimate; based on historical, legal and practical analyses respectively. Further, this Article examines how to reconcile these entities with the definition of the crime of aggression.

Recommended Citation

Sascha D. Bachmann & Yasser Abdelkader, Reconciling Quasi-States with the Crime of Aggression Under the ICC Statute, 33 Emory Int'l L. Rev. 91 (2018).
Available at: https://scholarlycommons.law.emory.edu/eilr/vol33/iss1/2