From Kampala to New York—The Final Negotiations to Activate the Jurisdiction of the International Criminal Court over the Crime of Aggression

Trahan, Jennifer

doi:10.1163/15718123-01802003

Cited by 33 publications

(6 citation statements)

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“…Resolution is upheld (ICC, 2017), the ICC would only have jurisdiction over the crime where a State Party that has ratified the Kampala amendment attacks another State Party that has also ratified the Kampala amendment (see Trahan, 2018). 27 Ironically, this was an exemption that the US delegation negotiated, possibly supported by a few other states, at the ICC Review Conference in Kampala, Uganda (Trahan, 2011).…”

Section: Discussionmentioning

confidence: 99%

“…25 In any event, the cyberattack would need to be "manifest," such that it is not de minimis (insufficient in gravity and/or scale) and/or "super clear" in terms of its illegality (meeting the required "character"). Yet, because of seemingly extensive jurisdictional limitations -if they are valid (see Trahan, 2018) -it could be quite difficult to trigger ICC jurisdiction regarding the crime of aggression, absent a UN Security Council referral. 26 Returning to the example of election interference, this author doubts that the elements of the crime of aggression would be satisfied.…”

Section: Cyberattacks As the Crime Of Aggression Under The Rome Statutementioning

confidence: 99%

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Cyber Peace

2022

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The international community is too often focused on responding to the latest cyber-attack instead of addressing the reality of pervasive and persistent cyber conflict. From ransomware against the city government of Baltimore to state-sponsored campaigns targeting electrical grids in Ukraine and the U.S., we seem to have relatively little bandwidth left over to ask what we can hope for in terms of 'peace' on the Internet, and how to get there. It's also important to identify the long-term implications for such pervasive cyber insecurity across the public and private sectors, and how they can be curtailed. This edited volume analyzes the history and evolution of cyber peace and reviews recent international efforts aimed at promoting it, providing recommendations for students, practitioners and policymakers seeking an understanding of the complexity of international law and international relations involved in cyber peace. This title is also available as Open Access on Cambridge Core.

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Section: Discussionmentioning

confidence: 99%

Section: Cyberattacks As the Crime Of Aggression Under The Rome Statutementioning

confidence: 99%

Cyber Peace

2022

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“…Security services also face similar difficulties while tracking and tracing arguments on those sites. This occurs because these groups often adopt the hitand-run approach which makes them disappear and re-appear with different profiles and titles (Trahan, (2016).…”

Section: The Importance Of Cyber Security In National Security Strategymentioning

confidence: 99%

Cyber Attacks and its Implication to National Security: The Need for International Law Enforcement

2024

PJC

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Uncontrolled protests championed by Britain and the United States of America increased international interest in cyberspace security. Challenges surrounding cyber-attacks birthed a rethinking to security-concept most especially after the basic values of countless communities have been subjected to risk and threats. Misuse of communication and information technology has extensively led to the collapse of trans-border vital infrastructural facilities. Therefore, the current article came as a rescue to explain how cyber-attacks could be addressed by international law enforcement. The article evaluates the implications of cyberattacks on national security. It demonstrates how international law could tackle challenges posed by cyber-attacks. The article emphasizes the significance of the cyber security concept to national security strategies; questions the cyber terrorism concept; and analyses how terrorist groups are increasingly using cyberspace for criminal intent. The article further provided solutions after a thorough constructive reviewed of the literature, and concluded that more efforts, control systems, defense systems, and protective devices must be strategically embraced and fixed by international law enforcement agencies. It is believed that the execution of this study's suggestions and recommendations would largely curb and reduce cyberattack challenges internationally.

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“…(emphasis added). 97 The ICJ's Certain Expenses Advisory Opinion has been construed to make the requirement of good faith applicable to voting, so there is nothing that makes the act of voting beyond judicial scrutiny. See Anne Peters, "The Security Council's Responsibility to Protect," 43-44 (the obligation of good faith carries over to UN voting, including on the Security Council: UN members must exercise their voting power "in good faith, in accordance with the Purposes and Principles of the Organization and in such a manner as not to involve any breach of the Charter.…”

Section: Legality Concerns As To Veto Use and Aggressionmentioning

confidence: 99%

The Role of the UN Security Council & General Assembly In Responding to the Invasion of Ukraine

Trahan

2024

PRIEL

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This article explores the roles of the UN Security Council and UN General Assembly related to the 24 February 2022 invasion by Russian forces of the territory of Ukraine. It considers the Security Council’s paralysis, and suggests states make more use of the UN Charter language that requires obligatory abstention in voting of a “party to a dispute” under Chapter VI; the article also considers legality issues related to a permanent member’s veto use that aids its own jus cogens violation. As to both topics, the article suggests the General Assembly could weigh in by issuing a substantive resolution or requesting an Advisory Opinion from the International Court of Justice. The General Assembly, or the Council acting under Chapter VI, could also establish a Special Tribunal on the Crime of Aggression for the situation of Ukraine.

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From Kampala to New York—The Final Negotiations to Activate the Jurisdiction of the International Criminal Court over the Crime of Aggression

Cited by 33 publications

References 0 publications

Cyber Peace

Cyber Peace

Cyber Attacks and its Implication to National Security: The Need for International Law Enforcement

The Role of the UN Security Council & General Assembly In Responding to the Invasion of Ukraine

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