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18 Int'l Crim. L. Rev. 197 (2018)
From Kampala to New York - The Final Negotiations to Activate the Jurisdiction of the International Criminal Court over the Crime of Aggression

handle is hein.journals/intcrimlrb18 and id is 206 raw text is: International INTERNATIONAL CRIMINAL LAW REVIEWlaw BRILL 18 (2018) 197-243 Review N IJ HOFF brilicom/icla From Kampala to New York-The Final Negotiations to Activate the Jurisdiction of the International Criminal Court over the Crime of Aggression Jennifer Trahan Associate Clinical Professor, The Center for Global Affairs, NYU-SPS, NewYork, NY, USA Abstract The article focusses on the final negotiations this December during the Assembly of States Parties meeting, where states decided to activate the Icc's jurisdiction over the crime of aggression. The article commences with a brief background on prosecuting the crime, the negotiation of the definition and conditions for the exercise of icc ju- risdiction over it, and the Kampala Review Conference adoption of the crime. It then discusses the dispute as to jurisdiction that developed post-Kampala, and how it was apparently resolved at the December meeting. The article then assesses the poten- tial impact of activating the Icc's 4t crime in terms of deterrence, and whether the December activating resolution actually resolved the jurisdiction dispute, taking the view that it did not, and that the activating resolution was arguably an improper modi- fication of the Kampala agreement and jurisdiction may not be as limited as what appears to have been agreed. E-mail: jennifer.trahan@att.net and/or jt487@nyu.edu. The author would like to thank Sina Alavi, Jutta Bertram-Nothnagel, Jrn Eiermann, Claus Krep, and Nikolas Stiirchler for their insightful comments on this article, as well as Roger S. Clark, Patrick Luna and Astrid Reising- er Coracini for informally sharing their wisdom and ideas that assisted in the writing of this article. Additionally, the author would like to thank Megan S. Fairlie and Charles C. Jallow for helpful comments and serving as discussants of the article at Florida International Uni- versity College of Law. @ KONINKLIJKE BRILL NV, LEIDEN, 2018 1 DOI 10.1163/15718123-01802003

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