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Complete+Dissertation.Pdf VU Research Portal The Law and Politics of the Crime of Aggression de Hoon, A.M. 2015 document version Publisher's PDF, also known as Version of record Link to publication in VU Research Portal citation for published version (APA) de Hoon, A. M. (2015). The Law and Politics of the Crime of Aggression. General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. E-mail address: [email protected] Download date: 27. Sep. 2021 THE LAW AND POLITICS OF THE CRIME OF AGGRESSION Copyright © Anne Marie de Hoon (Marieke de Hoon), 2015 ISBN 978-90-824698-0-6 VRIJE UNIVERSITEIT The Law and Politics of the Crime of Aggression ACADEMISCH PROEFSCHRIFT ter verkrijging van de graad Doctor aan de Vrije Universiteit Amsterdam, op gezag van de rector magnificus prof.dr. V. Subramaniam, in het openbaar te verdedigen ten overstaan van de promotiecommissie van de Faculteit der Rechtsgeleerdheid op woensdag 16 december 2015 om 15.45 uur in de aula van de universiteit, De Boelelaan 1105 door Anne Marie de Hoon geboren te Dordrecht Promotoren: prof.dr. W.G. Werner prof.dr.mr. E. van Sliedregt Leescommissie: prof.dr. Ige Dekker (Utrecht University) prof.dr. Mark Drumbl (Washington & Lee University) prof.dr. Marlies Glasius (University of Amsterdam) prof.dr. Martti Koskenniemi (University of Helsinki) dr. Sarah Nouwen (Cambridge University) prof.dr. Louis Sicking (VU University (Amsterdam)) ACKNOWLEDGMENTS This book is a result of 5 years of PhD research at the VU University in Amsterdam. These years have been intellectually challenging, invaluable for my professional development, and great fun. My first thanks go to the VU University’s Faculty of Law for creating and funding a PhD position on the crime of aggression and for selecting me for it. It has been an incredible privilege to be enabled to spend 5 years of thinking, discussing, reading and writing about the topics that fascinate and inspire me most. I could not have developed this research approach, analysis and the book that resulted from it without the supervision, mentoring and support of my PhD supervisors, Wouter Werner and Elies van Sliedregt. I have had the privilege to work closely with Wouter and learn from him on a daily basis throughout these past years. During those years, he taught me to peel off layers, to push my thinking into deeper conceptual layers, to unravel what makes complexities complex, and to resist the temptation of thinking in solutions and instead empower the analysis of the tensions and difficulties by keeping the research focus on that which is in and of itself interesting, powerful and important enough. In addition to helping me become a better researcher, he helped me develop myself as a teacher by allowing me to create my own courses and teaching methods; and as an academic by stimulating me to present my work all over the world, search for schools of thought that matched with my own thinking, and build networks with fellow academics to learn from, discuss work with, and develop projects with. It has been the best doctoral training period anyone could wish for and I am greatly indebted to the generosity of time he gave me and the ever open door. I am also grateful to my second supervisor Elies, who has given me the freedom and confidence to develop a more critical approach to international criminal law than I started out with, coming from law school with an idealistic hope in the power of international criminal law. Without losing this idealism, she gave me the encouragement to be critical and to take pride in the sometimes heated responses I got rather than feel insecure. Elies moreover mentored me prior to my PhD years on the topics I chose for research projects, on which master’s program to choose, and how to develop a career in international criminal law. I am very grateful to both for placing their confidence in me by selecting me for the position, and the time they dedicated to helping me develop as a scholar. Furthermore, I would like to thank the two research institutes in Helsinki and Oxford that have hosted me for research stays, during which I benefited greatly from my wonderful colleagues and the tranquility and mental space to write important parts of this thesis. In 2012, the Erik Castrén Institute of International Law and Human Rights at the University of Helsinki offered a warm and welcoming home during the cold Finnish winter, with a pleasant mix of critical discussions and hilarious coffee hours. A special thanks is due to Martti Koskenniemi, who was incredibly generous in his 7 time to read and comment on my work, challenge me intellectually, and mentor me there and in the years after. Thanks also go to Jan Klabbers, Nanna, Alice and my other colleagues that were there during my stay for the inspiration and challenging discussions. In 2014, the Faculty of Law of the University of Oxford and the Oxford Martin Programme on Human Rights for Future Generations hosted me as a visiting academic. I thank Dapo Akande especially for the generosity of his time to give constructive feedback about my research regularly throughout the months I spent in Oxford, as well as for introducing me into the Oxford academic bubble and to my fine colleagues there. Jaakko, Dominic, Gilles and Zoe: thank you for the great office fun and focus at Pembroke College. Thanks are also due to the two professors who have placed their trust in me ever since I was in the first year of law school, even if most of the time half a world away: Michael Scharf and Paul Williams. Michael inspired me to specialize in international criminal law, always believed in me and helped me find my voice and understand my audience, and Paul showed me the width of international legal practice and the supportive role that theory and practice have on one another. Thank you for taking me into the Public International Law & Policy Group family, for giving me the opportunity and space to set up our Netherlands Office and find my own way, and for always believing in me and mentoring me. You both are true inspirations in how to use your brains and legal skills to do good in the world. I am moreover greatly indebted to Brianne McGonigle Leyh with whom I have run PILPG’s Netherlands Office since 2008, for her friendship and wonderful partnership, and for holding the fort whenever my focus was needed elsewhere. Julie Fraser, Coman Kenny, and the many other PILPGers with whom I worked these past years: thank you for the support, the cool projects that pulled me from theory onto the dirty ground, and the flexibility. Without your support, I could not have combined our PILPG work with writing this book. I am moreover indebted to many other academics that have been incredibly generous and supportive by reading and commenting on my work throughout the past years. This greatly helped me develop my approach and analysis. Sarah Nouwen who was my ever first discussant for my ever first international paper presentation which was followed by several subsequent occasions: always stimulating, challenging and constructive; Ige Dekker for helping me develop my research proposal and approach and challenging me to stop thinking in how to solve the problems I identified and focus on a deeper understanding of the problems themselves; Jessica Lawrence, my office mate, travel buddy, reading companion, and friend, who shared all the gems she stacks up in her incredible mind to discuss my work and the theories that could support it, preferably with a good bottle of wine; Mark Drumbl, Frank Biermann, Tanja Aalberts, Philip Liste, Fritz Kratochwil, Sara Kendall, Barbora Hola, Nik Rajkovic, Veronika Bilkova, Stephen Neff, James Nixey, Kjersti Lohne, Richard Collins, Sofia Stolk, Lianne Boer, Jillian Dobson, Immi Tallgren, Maj Lervad Grasten, Alexis Galán Ávila, Ciarán Burke, Vidya Kumar, and Frédéric Mégret: I am 8 very grateful for your friendship and for lending your extraordinary minds by critically reading my work and constructively commenting on it. In addition, I would like to thank my wonderful colleagues at the Transnational Legal Studies department at the VU Law Faculty and its Centre of the Politics of Transnational Law for offering such an inspiring, collaborative and warm working environment. Without you having my back when it was needed, standing next to me when imagining how to develop my argument forward, and celebrating with me when celebration was due, the book would not have become what it has been able to become. All this is true as well and more for my amazing friends Barbora Hola, Jessica Lawrence, Kjersti Lohne and Annika van Baar. From reading and discussing theory, writing together in the woods, drinking wine and oh so many bubbles, thank you for helping me think in new directions and help me solve puzzles, keeping me sane and enjoying life together.
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