THE CRIME OF AGGRESSION IN ROME STATUTE Cover Image

ЗЛОЧИН АГРЕСИЈЕ У РИМСКОМ СТАТУТУ
THE CRIME OF AGGRESSION IN ROME STATUTE

Author(s): Veljko Ikanović
Subject(s): Law, Constitution, Jurisprudence, History of Law, Criminal Law, Roman law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: aggression; Statute; Review Conference; jurisdiction;

Summary/Abstract: In accordance with Rome Statute of the International Criminal Court the jurisdiction of the Court is to the following crimes: (a) The crime of genocide, (b) Crimes against humanity, (c) War crimes, (d) The crime of aggression. During the adoption of the Statute there was no consensus on the elements of the crime of aggression and the jurisdiction of the Security Council of the United Nations regarding with an inquiry into institute proceedings before this Court. Therefore the crime of aggression is conditionally placed under the jurisdiction of the Court, but this jurisdiction is postponement until adoption of provision defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. The Review Conference in Kampala 2010 determined these elements with the Resolution in a form of Amendments, adopted changes and amendments to Article 8 of the Rome Statute. Author of this paper speaks about the elements of the crime of aggression, the jurisdiction of the Court and the role of Security Council of the United Nations pointing out to problems in the process of their determination, postponement of amendments of the Statute entering into force and temporal jurisdiction of the Court. Whith the critical anlyses of the adopted amendmans attention is drowen to all adventages and disadvantages of accepted definition of the crime of aggression and its future in International Criminal Law.

  • Issue Year: 2015
  • Issue No: 48
  • Page Range: 189-209
  • Page Count: 21
  • Language: Serbian