ABSTRACT

This chapter mainly focuses on the US at the 2010 Kampala Conference, where they participated as an active observer and submitted a list of Understandings that, although significantly modified, were adopted as an Annex to Resolution RC/Res.6 containing an amendment to the Statute which defines the crime of aggression. These Understandings are pivotal to showing how the US has attempted to influence international law, while implicitly admitting the Administration was actually concerned about the possible impact the Kampala definition could have on the US. This finds confirmation in the US practice subsequent to the Kampala Conference. The chapter also examines the US position with regard to the so-called grey areas of jus ad bellum, namely humanitarian intervention and self-defence as it has been interpreted and applied by the US Administration in its War on Terror, including the US use of force in and against Syria since 2014. Lastly, it also looks at the US position in respect of the notion of ‘armed attack’ in the cyberspace and in the outer space.