اختصاصُ المحكمة الجنائيّة الدوليّة بالنظر في جريمة العدوان
Date
2020-09-09
Authors
ميران محمد عمر ابو عياش
Meran Mohammd Omar Abuayyash
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة القدس
Abstract
Aggression crime happens to be classified among the most hazardous crimes according to the international legal system as it breaks the international law and poses a threat to the assaulted country. Thus, this study aims to measure how successful is the international law constituting international legal acts that completely criminalize aggression. The aim of the study will be achieved first by manifesting the structure to define this crime, its legal nature and the liabilities arising from the offense, then clarifying the jurisdiction of international criminal court to approach the case down to knowing how to initiate proceedings before the criminal court.
The study addresses the jurisdiction of the international criminal court over aggression crimes according to the Rome Statute that deferred considering such crimes until the concept of aggression crime is obviously defined. The study pursued the stages of discussions and continuous quest of the international community to set a definition for aggression crime until one is adopted and included within the jurisdiction of the court. That’s where the importance of the study stems from as aggression is considered an imprescriptible dangerous crime.
The study answers the following statement of the problem: When will the international criminal court will have a jurisdiction to view aggression crimes and prosecute its perpetrators?
The researcher tries also to answer the following sub-questions deriving from the aforementioned main one; what causes the great dispute over aggression crime for the court, why it has not been included in the Rome Conference, what its legal character is, what are the legal liabilities for this crime, did Kampala Conference by defining aggression crimes in 2010 contribute to the court’s independence of the
Security Council, what are the procedures to initiate proceedings before the court and how the Security Council and international criminal court are related?
The researcher depended on the historical method to recount all the stages and efforts put to define aggression crimes, the analytical method to analyses all the decisions related to this crime and finally the comparative method to spot differences between the acts of both statutes of the international criminal court and Charter of the United Nations.
The study in conclusion pointed at the great importance for the international community to define aggression crimes, to identify the liabilities of the country that commit this crime and to delineate the procedures of initiating proceedings in the international criminal court which brings about integration with the Security Council of the UN. The study showed many results as follows ; aggression crime which sparked considerable controversy for long years and received huge effort to be comprehensively defined is one of the most dangerous international crimes as it’s a form of encroachment on state sovereignty. In 2010, the fundamental statute of the international criminal court has been adjusted for the aggression crime to fall within its jurisdiction and to have a demonstrating definition of its pillars. That would prompt the court to take on its responsibility to prosecute the criminal state which reinforces its role in achieving criminal justice internationally. Moreover, the researcher came up with essential recommendations related to the dangerous aggression crime. First, it’s better to set out a special binding enforceable agreement including all the provisions of the aggression crime and make it equally apply to all countries. In addition, a working mechanism should be established between the International Criminal Court and the UN Security Council in a free-from interference of any kind from both sides. since the court is an independent body