CYIL vol. 8 (2017)

MILAN LIPOVSKÝ CYIL 8 ȍ2017Ȏ Roger S. Clark opens some very interesting points in chapter 8 but does not limit himself to the Rome Statute only and comments on other aspects. Clearly, in order to grasp the issue of aggression in an understandable way, one must take into account other areas of international law. However this might be particularly troubling because the issue of aggression often plays the role of a hot potato and for example “ the ICJ has tended to avoid the word [aggression] like the plague .” 5 Since the concept of aggression is clearly an issue of a strongly political character, not just legal, and one of the main concerns of the United Nations Security Council, chapter 5 analyzes the practice of the UNSC and provides the reader with a useful list of resolutions that the words aggression, aggressive acts etc. were used in while comparing them with the Kampala list of examples of acts of aggression in art. 8 bis (2). Though neither part I nor part II are directly focused on the Kampala definition interpretation itself (that is reserved for part III), they still bring many interesting arguments on the Kampala definition where they are related to the topics of those chapters. Part III is focused on the crime of aggression under current international law and is logically divided into contributions commenting separately (but making comments on other topics as well) on individual conduct and state element aspects of the crime, immunities, conditions of exercising jurisdiction by the International Criminal Court, the role of victims (something that the Rome Statute is very innovative in) and others. Both editors have contributed to the publication in this part as well. Claus Kreß, one of the editors, wrote chapter 14, the longest contribution in the whole publication and focuses in detail on the state conduct element of the crime. He comments on many aspects, and in a way this chapter also serves as a guide to other contributions since its author points out which chapters deal with the discussed issues. The author also refers extensively to other sources of international law and so, apart from presenting his own opinions, he also provides readers with useful research directions. This is a review, so it is not a place to open discussions on particular topics. However the contribution argues convincingly in favor of certain positions and makes the reader think about them. For example, Claus Kreß claims that the International Criminal Court is not a result of a purely conventional approach. 6 This thesis might open many very interesting discussions, for typically what comes to mind of author of this review is an example regarding immunities: does it mean that personal immunities of Heads of (Non Parties to the ICC) States in office are removed as much as they are removed under article 27(1) RS from the Heads of RS Party States, when the proceedings are commenced by referral of the Security Council? Meaning – what would then be the interplay between articles 27 and 98 RS? Helmut Kreicker deals with the topic of immunities in detail in chapter 20. The second editor, Stefan Barriga co-wrote three contributions dealing with entry into force and exercise of jurisdiction based on referrals from various possible bodies. This is logical because the entry into force and the conditions of exercising jurisdiction by the ICC are closely interrelated but need to be separated in order to understand them correctly. An example of the very complicated legal arguments in this field is the either positive or negative understanding of article 121 (5)(second sentence). The contributions provide a full explanation 5 Page 251, footnote 47. 6 Page 421.

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