The jurisdiction of the International Criminal Court for the crime of aggression

Keywords: aggression, international crime, international criminal justice, Rome Statute, International criminal court

Abstract

The article emphasizes that the crime of aggression is considered the most serious crime against peace since the Nuremberg Tribunal,
which is recognized by both domestic and Western doctrine. Amendments to the Rome Statute in 2010 defined signs of aggression
as an international crime and clarified the rules for exercising the jurisdiction of the International criminal court. Optimistic expectations
for establishing effective jurisdiction of the court over this international crime have been dashed. As a result, it is concluded that
effective international criminal prosecution of the crime of aggression is possible only if the norms of the Rome Charter that cause the
most negative reaction from the leading States are reviewed.
It should be noted that in respect of a state that is not a party to the Rome Statute, the Court will not exercise its jurisdiction over
the crime of aggression committed by nationals of that state or on its territory.
The International criminal court should serve as a symbol of international justice, which makes just decisions related to violations
of international law. As for the procedure for implementing the proceedings of the International criminal court, it is worth noting that
such a procedure for executing the decision of the ISS is double. The dual procedure for the enforcement of decisions of the International
Criminal Court is the Foundation of the Rome Charter and represents a new system in the history of public international law in
the field of international responsibility.
Thus, it is possible to see that although at first glance the long process of formulating and adopting a unified definition of the
crime of aggression at the international level to succeed, thorough the consideration allows you to comprehend the profound incompleteness
of this process. Features of the crime of aggression provided for in the draft edits the Rome Statute, as well as the amendment
mechanism itself, illustrate the real lack of a mechanism for holding individuals internationally responsible for its Commission, as well
as the rather disappointing prospect of positive changes in the near future.
Despite the conflicts that arise between the norms of national criminal law and the provisions of the ISS Charter, the procedure
itself is an effective legal instrument aimed at maintaining international peace and security. The joint work of the International CriminalCourt and the UN Security Council makes it possible to try cases of international crimes and take effective measures to counter such
crimes. As a key component of the International criminal justice system, the International criminal Court is one of the most significant
institutions of international criminal law, which is constantly developing and to a certain extent affects the patterns in the development
of mechanisms for the investigation of international crimes and the protection of human rights at the international and national levels.

References

1 G.N. Borzenkova, V.S. Komisarova(Ed). (2002). Criminal Law Course, (Vol. 5) Moscow. [in Russian]
2 Kibalnik A. G.(2011) Development of the definition of aggression in international la, 1, 181-188. [in Russian]
3 Vazhna K.A.(2013). The concept of criminal responsibility of the state. Kyiv. [in Ukrainian]
4 About the Court // The official site of the International Criminal Court. Retrieved from: http://www.10a.icc-cpi.info/index.php/en/about [in English]
5 Rome Statute of the International Criminal Court. Retrieved from: http://www.un.org/en/law/icc/rome_statute(r).pdf [in Russian]
6 Elements of Crimes (International Criminal Court, (2011). Retrieved from:https://www.icc-cpi.int/NR/rdonlyres/336923D8-A6AD-40EC-AD7B-45BF9DE73D56/0/ ElementsOfCrimesEng.pdf. [in English]
7 Glotova S.V.(2017). Crime of aggression: some legal problems of determination in the Nuremberg Statute and the Rome Statute of the International Criminal Court, 2, 87–96. [in Russian]
.8 Schabas W. (2012). The International Criminal Court: Struggling to Find its Way. [in English]
9 Timoshkov S.G. (2016). Aggression as an international crime. Moscow[in Russian]
10 Kreß C. (2018). On the Activation of ICC Jurisdiction over the Crime of Aggression. 2, 77–89. [in English]
11 Timoshkov S.G. (2017). Formation of the jurisdiction of the International Criminal Court in relation to the crime of aggression, 3, 136–141. [in Russian]
Published
2020-11-10
How to Cite
Plakhotniuk, N., & Irzhova, M. (2020). The jurisdiction of the International Criminal Court for the crime of aggression. Law Review of Kyiv University of Law, 1(3), 374-378. https://doi.org/10.36695/2219-5521.3.2020.69
Section
The legal system of Ukraine and international law, comparative legal studies