Judging Aggression in the ICC: the Crime of Aggression, R2P and Unilateral Humanitarian Intervention after Kampala

• Main Author: Saraiva, Maria Francisca
• Publication Date: 2017
• Format: Article
• Language: eng
• Source: Repositórios Científicos de Acesso Aberto de Portugal (RCAAP)
• Download full: http://hdl.handle.net/10400.5/29254
• topic: Responsibility to Protect; ICC (International Criminal Law); Aggression; Kampala; Humanitarian Intervention.

In 2010 in Kampala, Uganda, the States Parties to the International Criminal Court (ICC) agreed on the definition of the crime of aggression and on the jurisdictional prerequisites for its prosecution at the ICC. Nonetheless, fundamental questions concerning the contours of this crime remain unsolved. This paper discusses the ICC role in the debate over the legality of the humanitarian intervention undertaken without Security Council authorization from an international relations perspective and analyzes the impact of the Kampala compromise upon the responsibility to protect doctrine (R2P) as an emerging political doctrine to protect civilians facing severe humanitarian emergencies.