The crime of aggression - the jurisdiction of the International Criminal Court between suspension and activation

Khalaf Aboud Al-Hawija, AbdulSalam

doi:10.37651/aujlps.2023.177011

	The crime of aggression - the jurisdiction of the International Criminal Court between suspension and activation
Journal of Anbar University for Law and Political Sciences
Article 10, Volume 12, Issue: 2 part 2, December 2022, Pages 312-339 PDF (1.77 M)
DOI: 10.37651/aujlps.2023.177011
Author
AbdulSalam Khalaf Aboud al-Hawija
Abstract
The act of aggression is considered one of the most serious international crimes. International efforts have resulted in a definition of the crime of aggression as a result of these efforts and those roles undertaken by the United Nations in particular, despite the major international differences, which some major countries saw no need to define because of the availability of the original jurisdiction of the UN Security Council. As his authority to recognize aggression or not under the provisions of the Charter, which because of those positions were unable to support the definition of it and the drafters of the statute of the International Criminal Court to include that crime as the subject matter jurisdiction of the Court. The results of the Rome Diplomatic Conference, after clarifying the various legal and political arguments of the states, resulted in postponing the ICC’s initiation of this crime until a time when international efforts can once again put a provision in line with the text of Articles 121-123 of the Statute in accordance with the rules of amendments contained in this system. To be followed by an amendment to Article (5) by deleting its second paragraph and replacing it with Article (8 bis) in accordance with the Kampala Review Conference, which was able to include that crime in the substantive jurisdiction of the Court by clarifying the Court’s actual exercise of jurisdiction, the referral and the timings to which the Court was subjected as a dependency relationship with the UN Security Council.
Keywords
aggression; crime; court; criminal; international; activation; comment

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