Critical remarks on the International Court of Justice’s interpretation of Article 3(g) of the “Definition of Aggression”(UNGA Resolution 3314/1974) (original) (raw)
Related papers
2010
The first review conference to the Rome Statute of the International Criminal Court, held in June 2010 in Kampala successfully concluded decades of negotiations over a statutory definition of the crime of aggression and its prosecution by a permanent international criminal court. The main unresolved issues to be addressed by the review conference concerned the determination of an act of aggression as a (procedural) prerequisite for the exercise of jurisdiction over the crime of aggression and the appropriate activation procedure for a provision on aggression. Most importantly, the compromise of Kampala could safeguard an independent and effective criminal prosecution of the crime of aggression by not subjugating the Court’s exercise of jurisdiction to decisions of outside organs. However, in case of a referral of a situation by a State Party or the initiation of a proprio motu investigation, the Court’s reach over perpetrators is significantly narrowed with a view to crimes of aggre...
Demystifying the Crime of Aggression: A Case for the International Criminal Court
Christ University Law Journal, 2013
The crime of aggression forms one of the most controversial parts of international law in contrast with the need to protect national sovereignty of a given state without undue interference. Even with the adoption of the Rome Statute in 1998, the crime of aggression seems to have been sidelined in favour of other matters of international justice concerns that did not directly touch the political status of the different states parties. Jurisdictional issues concerning aggression were left unresolved. The term "aggression" was nevertheless given recognition in the year 2010 at a Review Conference of the Rome Statute held in Kampala, Uganda, from 31 May to 11 June 2010. However, the concept still remains on paper due to the postponement in establishing the jurisdiction of the International Criminal Court till 2017. Currently, only four states have signed and ratified the amendments to the Rome Statute 1998 and they are to be enforced over the next couple of years. This article gives an overview of the crime of aggression. It examines some of the contentious issues that may arise in relation to the crime of aggression.
The Definition and Jurisdiction of the Crime of Aggression and the International Criminal Court
SSRN Electronic Journal, 2006
213 More details will be discussed in part 4.4.2. 214 Article 10 of the UN Charter stipulates that: "The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters."
Glasnik Advokatske komore Vojvodine
Even though it does not represent a new concept in international law, the notion of humanitarian intervention still causes numerous controversies when it comes to its content and applicability. Since this institute is tightly related to situations characterized by the use of force in international relations, the potential application of the institute of humanitarian intervention belongs to the domain of international criminal law, particularly in reference to the crime of aggression from Article 8 bis of the Rome Statute, which criminalizes the use of force outside of the boundaries set by the UN Charter. This article attempts to provide an answer to the question whether humanitarian intervention, if it were accepted as part of international customary law, can affect the application of the Rome Statute. In addition to the analysis of the significance of humanitarian intervention when it comes to the establishment of the elements of the crime of aggression, the article will point out...
The crime of aggression in international law problems of the development of a universal definition
European Journal of Law and Public Administration
This article describes the problems associated with violating the principle of non-use of force or threat of use of force in modern international relations (the principle of the prohibition of aggressive warfare). The concept, essence and signs of the crime of aggression have been analyzed. Particular attention was paid to UN General Assembly Resolution 3314 on the definition of aggression and the Rome Statute of the International Criminal Court, which reveals the concepts and essential characteristics of the crime of aggression, as well as outlines the range of acts that should be recognized as committing acts of aggression. It is determined that there are problems in bringing to justice the states and individuals for the crime of aggression, especially when the acts of aggression are committed in a new type of war-a hybrid war. The role and significance of the UN and the Hague International Criminal Court in the mechanism for combating the crime of aggression and bringing the perpetrators to justice is analyzed. The author concluded that today there is an actual problem for adoption the international crime of aggression definition on the universal conventional level. The adoption of such a definition will contribute to preventing international crime of aggression and the efficiency of international law to combat it.
The Anatomy of an International Crime: Aggression at the International Criminal Court
International Criminal Law Review, 2013
In 2010 in Kampala, Uganda, the States Parties to the International Criminal Court (ICC) adopted a set of amendments to the Rome Statute that define the elements and trigger mechanisms of the crime of aggression. However, significant questions remain as to what was actually agreed upon in Kampala, including with respect to the parameters of the crime itself. These questions, which include the applicability of exceptions for humanitarian intervention and anticipatory self-defence, affect not only the potential criminal responsibility of individuals charged with the crime of aggression, but also the interests of States in whether their acts are considered to amount to aggression or not. This article explores the anatomy of the crime of aggression and highlights issues that remain to be resolved.
The crime of aggression under the Rome Statute of the International Criminal Court
2013
This guide to the crime of aggression provisions under the Rome Statute of the International Criminal Court (ICC) offers an exhaustive and sophisticated legal analysis of the crime's definition as well as the provisions governing the ICC's exercise of jurisdiction over the crime. A range of practical issues likely to arise in prosecutions of the crime of aggression before the ICC are canvassed, as is the issue of the domestic prosecution of the crime. It also offers an insight into the geo-political significance of the crime of aggression and the activation of the ICC's ability to exercise its jurisdiction over the crime. The author's intimate involvement in the crime's negotiations combined with extensive scholarly reflection on the criminalisation of interState uses of armed force makes this highly relevant to all academics and practitioners interested in the crime of aggression. carrie mcdougall is a legal specialist in the International Law Section of the Australian Department of Foreign Affairs and Trade, where she advises on various topics including international criminal law and the use of force.