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Study On The Legal Issues Of Jurisdiction Of The International Criminal Court On The Crime Of Aggression

Posted on:2020-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:F YuanFull Text:PDF
GTID:2416330578951162Subject:legal
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In the early hours of June 12,2010,Kampala,Uganda,voted to change the face of international criminal law forever.It was at this time that the conference of states parties of the international criminal court reached consensus on the definition of the crime of aggression and the mechanism for the international criminal court to exercise jurisdiction over it.But the process is far from straightforward;The final text of the amendment contains many provisions and understandings in an attempt to allay the concerns of the different factions that have swept Kampala on this occasion.Thus,the text of the amendment to the crime of aggression remains ambiguous in its definition of crimes and its provisions for their entry into force and exercise of jurisdiction.International criminal ACTS such as war and aggression have been causing serious problems for the international community as a whole,while efforts have been made to reduce war and aggression.However,progress in the fight against war and aggression has been slow owing to the universality,coverage,control and investigation difficulties of war and aggression.The crime of aggression is the most serious and special of the four crimes of jurisdiction.In particular,until July 17,2018,when the jurisdiction of the international criminal court has been formally established,the issue of jurisdiction over the crime of aggression is a controversial one.This article explores some of these issues.First of all,the main content of this document is the history of aggression and the jurisdiction of the international criminal court in the "crime of aggression".Secondly,on the question of the determination of aggression by the international criminal court,the debate focused on the exclusivity of the security council's decision on aggression and its impact on the judgment of the international criminal court.Thirdly,the international criminal court has placed special restrictions on the commission of crimes of aggression under the Rome statute.In my view,paragraphs 4 and 5 of article 15 bis of the statute relate to investigations referred to states parties and to the prosecutor himself.Fourthly,on the basis of the principle of complementarity,it analyzes the implementation of the crime of aggression carried out by the international criminal court.Finally,the article examines the impact of the jurisdiction of the international criminal court on the crime of aggression on the international criminal law.The theoretical significance and application value of this research.First of all,since the late Qing Dynasty,China has suffered from the invasion of foreign invasions and has a deep understanding of the crime of aggression,which is indispensable to China.There have been many acts of aggression in Chinese history,and conflicts on the territorial border have intensified.China must have a deeper understanding of the law of aggression in order to use legal weapons to combat aggression and protect its rights.China should further study the crime of aggression and ensure that the International Criminal Court assists China in better fulfilling its duties in the Council.Secondly,with regard to the analysis of the International Criminal Court,the International Criminal Court has begun to clearly define the crime of aggression,but discussions on various disputes and issues that the International Criminal Court may raise may soon be considered.The crime of aggression by the International Criminal Court has not yet been resolved and it will face many challenges.
Keywords/Search Tags:Crime of aggression, International Criminal Court, Jurisdiction, Council
PDF Full Text Request
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