Criminal Responsibility for the Crime of Aggression

Grzebyk, Patrycja

doi:10.4324/9780203797457

Cited by 20 publications

(4 citation statements)

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“…99 While the language adopted does not expressly refer to purposes, a flexible interpretation of the provision may find that the reference to consequences opens the way for considering the motives behind the operation. 100 Still, as the Understandings were issued in Kampala to guide the ICC in the application of the crime, their legal status remains Admittedly, these tensions would not be alleviated if the court decides to prosecute the case.…”

Section: The Pre-trial Stage: the Potential Of Rejection At The Admismentioning

confidence: 99%

Collapsing Legitimacy: How the Crime of Aggression Could Affect the icc’s Legitimacy

Cowell

Magini

2017

International Criminal Law Review

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The International Criminal Court (icc) will gain the capacity to prosecute the crime of aggression in 2017. The Amendments to the Rome Statute are the product of a political compromise and have a complex legal structure with a high definitional threshold for an act of aggression alongside a bespoke jurisdictional arrangement. This legal structure is likely to mean that very few acts of aggression are considered crimes. Even when acts of aggression pass the threshold set out in the amendments, it is highly likely that any such prosecution would not succeed. This article argues that this is likely to significantly impact the legitimacy of the icc as an organization. To understand this, it is necessary to look at the different meanings of legitimacy before examining how the way in which the law is configured could undermine the political legitimacy of the organization as a whole.

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Section: The Pre-trial Stage: the Potential Of Rejection At The Admismentioning

confidence: 99%

Collapsing Legitimacy: How the Crime of Aggression Could Affect the icc’s Legitimacy

Cowell

Magini

2017

International Criminal Law Review

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“…383 It is likely that those wishing to make a more credible "unjust cause" charge began amalgamated these charges. 391 In "the Ministries Trial", Frederick's and Napoleon's cases were even explicitly regarded as precedents: 392 Is there personal responsibility for those who plan, prepare, and initiate aggressive wars and invasions? The defendants have ably and earnestly urged that heads of states and officials thereof cannot be held personally responsible for initiating or waging aggressive wars and invasions because no penalty had been previously prescribed for such acts.…”

Section: The Thirty Years' War Crime Punishmentmentioning

confidence: 99%

International Criminal Law's Millennium of Forgotten History

Bohrer¹

2016

Law hist. rev.

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At the close of World War II (WWII), Winston Churchill suggested summarily executing the remaining Nazi leadership. Franklin Delano Roosevelt disagreed, insisting on prosecuting them in an international military tribunal. This is considered the “birth” of International Criminal Law (ICL), following a consensus that “[t]he Nazi atrocities gave rise to the idea that some crimes are so grave as to concern the international community as a whole.” A few earlier instances of penal action against violators of the laws of war are acknowledged, but they are dismissed as unrelated to current ICL, because (presumably) these cases are sporadic domestic legal actions that lack a common doctrine.

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“…The first was the Lithuanian referral and then the joint referral by another 38 Member States, which was later joined by four others.8 For an elaborate analysis of this issue, seeGrzebyk (2013). Also, compare Van Chaack (2012).…”

mentioning

confidence: 99%

Investigating and Prosecuting International Crimes Committed in the Context of the Russian Aggression Against Ukraine: The Polish Involvement

Topa

2024

FOI

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The paper aims to present the available options relating to the investigation and prosecution of international crimes allegedly committed in Ukraine by the Russian authorities and members of the Russian armed forces. Firstly, it presents domestic Ukrainian criminal proceedings on these crimes. Then, the ongoing investigation in the International Criminal Court on war crimes and crimes against humanity as well as the initiatives to create a special international court that would deal with the responsibility for the crime of aggression are explored. Finally, considering substantial Polish involvement, it would be interesting to have an insight into how Poland already has and could, in the future, further contribute to bringing to justice the perpetrators of international crimes committed in Ukraine.

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Criminal Responsibility for the Crime of Aggression

Cited by 20 publications

References 0 publications

Collapsing Legitimacy: How the Crime of Aggression Could Affect the icc’s Legitimacy

Collapsing Legitimacy: How the Crime of Aggression Could Affect the icc’s Legitimacy

International Criminal Law's Millennium of Forgotten History

Investigating and Prosecuting International Crimes Committed in the Context of the Russian Aggression Against Ukraine: The Polish Involvement

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