جريمة العدوان في ظل النظام الاساسي للمحكمة الجنائية الدولية
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Date
2024
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جامعة المسيلة
Abstract
The crime of aggression is defined as one of the most serious international
crimes, involving the commission of an unlawful military act by one state against
another, in Violation of the united Nation charter. The Rome Statute, Which serves
as the founding treaty of the international Criminal court contains Specific
provisions for defining and identifying this crime. According to article 8 bis of the
Rome Stalute, « the crime of aggression is defined as the planning preparation,
initiation or execution by a person in a position to exercise control over or direct
the political or military action of a state, of an act of aggression that, buy its
character, gravity, and scale, constitutes a manifest violation of the united Nation
charter».
This crime falls within the jurisdiction of the ICC, subject to the conditions
specified in the Statute, once the required number of state ratifications is reached
and the court's jurisdiction over the crime of aggression is activates the general
rule is that the consent of the aggression State or the victim state is required, the
ICC cannot investigate or prosecute the crime of aggression without the consent
of the relevant states, unless the situation is referred to the court by the United
Nations Security council. The security council plays a pivotal role in determining
the occurrence of an act of aggression and notifying the court accordingly,
however, the court may initiate an independent investigation if the security council
does not make a decision within six months of the UN secretary-general being
metrified.
The court faces several challenges, such as the precise definition of what
constitutes an act of aggression, wich can be complex and subject to various legal
and political interpretations. Additionally, achieving international consensus on
how to apply the court's jurisdiction to the crime of aggression was a difficult
process that took years of negotiations. Since the activation of the court's
jurisdiction over the crime of aggression, no significant cases have been brought
before the court under this charge, reflecting the legal and political complexities
associated with applying these
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Keywords
جريمة العدوان، المحكمة الجنائية الدولية، نظام روم االساسي