FORMATION OF THE INTERNATIONAL CRIMINAL COURT'S JURISDICTION OVER THE CRIME OF AGGRESSION
Rubrics: INTERNATIONAL LAW, EUROPEAN LAW
Authors:
Type:
Article
Pages:
from 133
to 138
Status:
Published
Received:
13.06.2017
Accepted:
10.07.2017
Published:
10.07.2017
Subject area:
UDK 34 Право. Юридические науки
BBK 67 Право. Юридические науки
BBK 67 Право. Юридические науки
Language:
Russian, English
Keywords:
crime of aggression, jurisdiction, Rome Statute of the International Criminal Court, UN Security Council, amendments, responsibility.
Abstract (English):
This research article examines the activities of the international community for inclusion in the Rome Statute of the International Criminal Court a number of amendments, concerning the fixation of the definition of the crime of aggression and the establishment of the Court’s jurisdiction over the international wrongful act. In a view of disputes between the states in the adoption of the Rome Statute concerning the definition of this international crime, set up a special working group whose objective was the development of a project for amendments in the Statute. After a long work at the international conference in the Ugandan capital – Kampala, the Member States of the Rome Statute were considered the amendments to be made to the Statute of the International Criminal Court for its greater efficiency. In considering these amendments were also taken into account the fact that not all states ratified the Rome Statute, respectively, for their adoption it was necessary to consider the national interests of these states. Despite the fact that the introduction of the amendments regarding the crime of aggression was deferred for a certain period, their adoption will strengthen the system of international justice. However, the article notes that it is important to consider the national interests of the states exercising the jurisdiction of the International Criminal Court over the crime of aggression. This aspect concerns the extradition of persons accused of committing serious international crimes, especially the crime of aggression. In a view of the fact that, in accordance with the constitutions of most States, including the Russian Federation, not allowing the extradition of its citizens to the international judicial authorities, as a result, there is a conflict between the provisions of the Rome Statute and national law of several states. Thus, to prevent the crime of aggression and the development of liability rules for it, it is necessary to maintain joint action between states and international judicial organs.
This research article examines the activities of the international community for inclusion in the Rome Statute of the International Criminal Court a number of amendments, concerning the fixation of the definition of the crime of aggression and the establishment of the Court’s jurisdiction over the international wrongful act. In a view of disputes between the states in the adoption of the Rome Statute concerning the definition of this international crime, set up a special working group whose objective was the development of a project for amendments in the Statute. After a long work at the international conference in the Ugandan capital – Kampala, the Member States of the Rome Statute were considered the amendments to be made to the Statute of the International Criminal Court for its greater efficiency. In considering these amendments were also taken into account the fact that not all states ratified the Rome Statute, respectively, for their adoption it was necessary to consider the national interests of these states. Despite the fact that the introduction of the amendments regarding the crime of aggression was deferred for a certain period, their adoption will strengthen the system of international justice. However, the article notes that it is important to consider the national interests of the states exercising the jurisdiction of the International Criminal Court over the crime of aggression. This aspect concerns the extradition of persons accused of committing serious international crimes, especially the crime of aggression. In a view of the fact that, in accordance with the constitutions of most States, including the Russian Federation, not allowing the extradition of its citizens to the international judicial authorities, as a result, there is a conflict between the provisions of the Rome Statute and national law of several states. Thus, to prevent the crime of aggression and the development of liability rules for it, it is necessary to maintain joint action between states and international judicial organs.
Keywords:
crime of aggression, jurisdiction, Rome Statute of the International Criminal Court, UN Security Council, amendments, responsibility.
crime of aggression, jurisdiction, Rome Statute of the International Criminal Court, UN Security Council, amendments, responsibility.
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