Prosecuting Aggression Domestically while Respecting the Principle of ‘Sovereign Equality’ – A Scottish Model


  •  Robert Manson    

Abstract

Options or approaches for dealing with the problem of respecting the principle of ‘sovereign equality’ whilst conducting a domestic prosecution of an individual for participation in the commission of a crime of aggression, where the ‘prosecuting state’ is not itself also the state accused of committing the associated ‘state act’ of aggression. Followed by an examination of the specific issues raised in the model case of domestic statutory incorporation in Scotland, a process with which the author is currently engaged.


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