Research On The Jurisdiction Of Aggression

For a long time,international crimes such as war and aggression have caused great distress to the world,and countries have been working tirelessly to reduce war and aggression.However,the process is slow because it is difficult to control and investigate the war and the aggression.In the international community,there have been some notable achievements in the control and management of international crimes,for example,the establishment of the provisional International Criminal Court and the establishment of the permanent international criminal court.They pushed the progress in preventing wars and punishing international crimes.Especially the establishment of the ICC has a strong exemplary role and warning function for the international criminal trial of the whole international community.However,aggression is the most complex crime under the jurisdiction of the ICC.Especially some questions about the jurisdiction of the crime of aggression have been controversial.The question is also the most critical one whether the crime of aggression can constitute a crime of aggression or not.Only in the determination of the acts of aggression by the state can the court be able to obtain the jurisdiction and to trial the nationals of the state.But there is a debate over who has the right to decide whether a country's actions constitute an act of aggression.In the discussion,someone believes that the Security Council has the right.But others think that the court shall determine the act of the state.Compromise agreement reached at the review conference of the Rome statute on the amendment to the crime of aggression.Through the analysis of the legal basis of the Security Council to judge aggression,the relevant provisions of the charter of the United Nations,realistic background and significance,the Security Council should have exclusive power to determine the act of aggression.Instead of interfering in the judicial activities of the court,the council is more conducive to facilitating the smooth conduct of judicial activities by the courts.Because it deals with the identification of state actions that are closely related to political factors,the court is able to avoid the problems caused by political factors.The relationship between the Security Council and the ICC is not mutually exclusive in respect of the crimes of aggression.Although there may be some overlap in some jurisdictions,the two should be in a mutually complementary relationship on the issue of aggression.Such ability makes the jurisdiction of the crime of aggression more comprehensive,reasonable and realistic.During 4 to 14 December 2017,the sixteenth session of the Assembly was convened in New York.The most important topic of the conference is to activate the jurisdiction of the ICC on the crime of aggression.From this point of view,in theory,the court can formally begin to exercise jurisdiction over the crime of aggression.This decision can be described as another great progress on the jurisdiction of the crime of aggression.The resolution reaffirms the scope of the jurisdiction of the court,which may not exercise jurisdiction regarding crimes committed by nationals of States which have not ratified the amendments.It also shows that the Kampala amendments were not subject to renegotiation and should not be reopened.In addition,the issue of the power of the Security Council is also strengthened and confirmed to a certain extent.