The Principal Approaches Towards the Criminalisation of Aggression at the National Level

At least forty-two States have enacted legislation for the criminal repression of aggression and other crimes against peace. Useful as they are, these penal provisions are not uniform, though, and the diversity of States’ approaches probably testifies to the absence of customary international law on the subject to date. This chapter examines those provisions in the framework of four main “legislative models”, and extracts from them substantive and mental elements, which are essential for devising an inclusive corpus delicti of the crime of aggression. The “leadership requirement” is dealt with as a key element of the crime, and the propaganda for war is briefly considered as a separate crime against peace. The chapter concludes with an overview of key substantive and procedural matters of inter-State cooperation, if prosecutions for the crime of aggression are ever to take place within national legal systems. These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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