جريمة العدوان في ظل النظام الاساسي للمحكمة الجنائية الدولية
| dc.contributor.author | سليخ كنزة | |
| dc.date.accessioned | 2024-09-12T13:38:32Z | |
| dc.date.available | 2024-09-12T13:38:32Z | |
| dc.date.issued | 2024 | |
| dc.description.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 | |
| dc.identifier.uri | https://dspace.univ-msila.dz/handle/123456789/44240 | |
| dc.language.iso | other | |
| dc.publisher | جامعة المسيلة | |
| dc.subject | جريمة العدوان، المحكمة الجنائية الدولية، نظام روم االساسي | |
| dc.title | جريمة العدوان في ظل النظام الاساسي للمحكمة الجنائية الدولية | |
| dc.type | Thesis |