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Articles 1 - 6 of 6
Full-Text Articles in Transnational Law
Bargaining Practices: Negotiating The Kampala Compromise For The International Criminal Court, Noah Weisbord
Bargaining Practices: Negotiating The Kampala Compromise For The International Criminal Court, Noah Weisbord
Faculty Publications
At the International Criminal Court's (ICC) Review Conference in 2010, the ICC's Assembly of States Parties (ASP) agreed upon a definition of the crime of aggression, jurisdictional conditions, and a mechanism for its entry into force (the "Kampala Compromise"). These amendments give the ICC jurisdiction to prosecute political and military leaders of states for planning, preparing, initiating, or executing illegal wars, beginning as early as January 2017.
This article explains the bargaining practices of the diplomats that gave rise to this historic development in international law. This article argues that the international-practices framework, as currently conceived, does not adequately capture …
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 …
The Reason Behind The Rules: From Description To Normativity In International Criminal Procedure, Noah Weisbord
The Reason Behind The Rules: From Description To Normativity In International Criminal Procedure, Noah Weisbord
Faculty Publications
As the International Criminal Court (ICC) continues to mature in its practices, it provokes discussion on whether the comfortable framework of adversarial and inquisitorial systems should be used to evaluate an institution that exists in a fundamentally different context from that of national criminal justice systems. In order to avoid entangling the ICC in rules that are not tailored to fit its specific goals and institutional context, the normative purposes underlying procedural rules derived from domestic institutions should be reexamined.
This article draws out basic principles that may be of use in reexamining the reasoning behind the rules of procedure …
Conceptualizing Aggression, Noah Weisbord
Conceptualizing Aggression, Noah Weisbord
Faculty Publications
The special working group tasked by the International Criminal Court’s Assembly of States Parties to define the supreme international crime, the crime of aggression, has produced a breakthrough draft definition.
This paper analyzes the key concepts that make up the emerging definition of the crime of aggression by developing and applying a future-oriented methodology that brings together scenario planning and grounded theory. It proposes modifications and interpretations of the constituent concepts of the crime of aggression intended to make the definition sociologically relevant today and in the foreseeable future.
Prosecuting Aggression, Noah Weisbord
Prosecuting Aggression, Noah Weisbord
Faculty Publications
The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference.
Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …