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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