The crime of aggression under the statute of the international criminal court

Abstract

The Statute of the ICC, which was adopted in 1998, in contrast to international legal acts that determine the international responsibility of states and governments, provides for individual responsibility for committing the crime of aggression as one of the most serious crimes that causes concern for the entire international community. The crime of aggression is listed, but is not defined as a crime under the jurisdiction of the ICC. Amendments adopted in May-June 2010 in Kampala (Uganda) define the crime of aggression and the conditions for activating the jurisdiction of the ICC, starting in 2017, which closes the gap in the substantive law and jurisdictional regime of the ICC Statute. The purpose of the article is to consider retrospectively the formation and development of responsibility for the crime of aggression in accordance with the Statute of the International Criminal Court (the ICC Statute). This study is based on the works of domestic and foreign scientists who at different times studied separate issues related to the definition of the crime of aggression A. Antonovych, J. A. Green, I. Kasyniuk, T. Ruys, J. Trahan, K. Henderson and others The article highlights the modern interpretation of the term „crime of aggression” in accordance with the provisions of the Statute of the International Criminal Court. Attention is focused on the characteristic features, elements, methods of exercising the jurisdiction of the ICC regarding the crime of aggression, as well as the conditions for the entry into force of the amendments to the Statute of the ICC regarding this crime. In the course of the investigation, it was established that studying the situation in Ukraine, the Office of the Prosecutor of the International Criminal Court, headed by Prosecutor Karim A.A. Khan, considers the existing grounds to be sufficient for the investigation starting from November 21, 2013. Thus, these appeals provide an opportunity to investigate the situation in Ukraine covering any past and present accusations of crimes committed by any person in any part of the territory of Ukraine, and that they will remain focused on the main goal: ensuring accountability for crimes that fall under the jurisdiction of the ICC.