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MILAN LIPOVSKÝ CYIL 6 ȍ2015Ȏ
The chapters logically follow each other in accord with their topics. Chapter 3
deals with state responsibility for the act of aggression. United Nations’ Resolution
3314 on the definition of aggression is discussed together with several issues related
to the act of aggression, such as responsibility for cyber-attacks and Annex III of the
Resolution – the so-called (and problematic) Understandings. Carrie McDougall is
one of few authors that have debated the legal value of the Understandings (others
are e.g. Kevin Heller 2 and Cedric Ryngaert 3 ).
Chapter 4 deals with issues that change a “simple” act of aggression into a crime
of aggression; this leads her to an interesting “debate” about topics related to the
Charter of the United Nations, customary international law and their relation to the
definition of the crime of aggression.
The fifth chapter focuses on individual elements of the crime that, at least in
my opinion, are the most interesting issues of the crime. Modes of participation,
mental elements, leadership status of the perpetrator and other legal instruments are
analysed.
Chapter 6 is focused on the ICC’s jurisdiction over the crime. Unsurprisingly,
it is the longest chapter of Chapters 3 to 6 because the conditions of exercise of
the ICC’s jurisdiction over the crime of aggression are a perfect example of highly
compromised legal text and it requires excellent legal analysis. I have to admit that
Carrie McDougall succeeded in this task.
Last but not least, Chapter 7 sets forth questions about future development. In
2017 at the earliest, the jurisdiction might be activated. And so the author deals with
the activation itself and domestic prosecutions of the crime.
Though I do not share the optimism of the author (as is surely clear from some
comments in the above-written text) regarding the legal value of the Resolution, I
must congratulate her on the excellent work she has provided us with in her book.
She has pointed out many interesting issues and informed the legal community
about some previously unknown aspects of the negotiations.
Surely the book will serve as a very good source for legal students and professionals
specializing on international criminal law.
Milan Lipovský*
2 HELLER, Kevin Jon. The Uncertain Legal Status of the Aggression Understandings. Social Science
Research Network [online] [last access
on 30/08/2015].
3 RYNGAERT, Cedric. The Understandings regarding the Amendments to the Rome Statute
of the International Criminal Court on the Crime of Aggression. In DIVE, G., GOES, B.,
VANDERMEERSCH, D. Kampala: The first 2 amendments to the Rome Statute. 2012, Bruxelles:
Éditions Bruylant.
* Mgr. Milan Lipovský is a postgraduate student of international law at the Charles University School of
Law in Prague.