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Full-Text Articles in Law
The Mens Rea Of The Crime Of Aggression, Noah Weisbord
The Mens Rea Of The Crime Of Aggression, Noah Weisbord
Faculty Publications
This article, written in commemoration of the tenth anniversary of the International Criminal Court (ICC), explores the mens rea of the crime of aggression. The definition and jurisdictional conditions of the crime of aggression was recently incorporated into the ICC’s Rome Statute, thereby reviving a crime used during the Nuremberg trials to prosecute Nazi leaders after World War II. Mens rea is an important, even central, consideration when judging whether a defendant has satisfied all of the elements of the crime of aggression.
The starting point for this exploration of the mens rea of the crime of aggression is its …
Judging Aggression, Noah Weisbord
Judging Aggression, Noah Weisbord
Faculty Publications
One of the most polarizing debates in international law is how the goal of peace should figure into the work of international criminal tribunals. The freshly minted crime of aggression lands the judges of the International Criminal Court in the middle of the peace versus justice dilemma and will challenge the court to prove its value for advancing peace in appropriate circumstances while building the rule of law and maintaining its legitimacy.
This article, the final installment in the author's trilogy on the crime of aggression, explores the gaps, ambiguities and contradictions woven into the definition of the crime and …