Zločin agrese znovu na scéně
The crime of aggression back on the scene

Author(s): Veronika Bílková
Subject(s): Criminal Law, International Law
Published by: Ústav mezinárodních vztahů
Keywords: International Criminal Court; ICJ;
Summary/Abstract: Although there is consensus, since the post-war tribunals in Nuremberg and Tokyo, that the launch of the illegal war is one of the worst acts that can be committed, prosecution of the individuals responsible for this act, i.e. the so-called crime of aggression, is not possible on the international stage. It lacked not only the political will but also the definition of crime and also the body that would be competent to take charge of it. Over the last two decades, the situation has gradually changed. The International Criminal Court (MTS) was established in 1998, the definition of the crime of aggression was agreed in 2010, and finally, on December 14, 2017, MTS was given the opportunity to apply the definition and to prosecute on its basis. This is a significant shift, but it has significant limits that will undoubtedly affect its practical impact. This reflection first summarizes the development of efforts to prosecute the crime of aggression on an international level, and consequently represents some of the limits the current regime suffers.

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