The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Study of concept of crime of territorial aggression to emphasis on resolutions of review conference kampala

Authors
Reza Mousazadeh 1
Hossein Foroughiniya 2
1 College of International Relation University
2 , Payame Noor University Tehran
Abstract
  Despite the formation of International Criminal Court and entering into force of its Statute, There is Some Ambiguity on Certain Fields of its Activities. One the most important ambiguity is about the subject matter of the jurisdiction of the Court on the crime of aggression. This ambiguity is due of the political and legal nature of the crime of aggression and insufficient agreement of the international community on the definition of this crime.

  Notwithstanding of the recognition of the legality of the crime of aggression and the criminal responsibility of its perpetrators, the Rome Conference agreed the above crime and its definition, elements and the conditions of its exercise should be defined in the Review Conference of its statute. The Review Conference held in Kampala in 2010 and issued a resolution on the definition and the conditions of the ICC jurisdiction on the aggression but expressly delayed the exercise of that jurisdiction till next Review Conference on 2017.

  The main issue on the exercise of the jurisdiction of the Court on aggression is the kind of relationship between the ICC and the security council of the United Nations and the determination of this crime by those bodies.
Keywords
International Criminal Court
aggression
kampala
Jurisdiction
Security Council
review of the statute of Icc
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