英语论文网

y of any state by armed forces of another state;

Bombardment or the use of any weapons by a state against another state’s territory;

Armed d blockade by a state of another state’s port or coasts;

The use of a state’s armed forces in another state in breach of the terms of the agreement on which they were allowed into that state;

Allowing one’s territory to be placed at the disposal of another state, to be used by that

state for committing an act of aggression against a third state;

Sending armed bands of guerrillas to carry out armed raids on another state that are grave enough to amount to any of the above acts. [2] 1

The initial use of armed force by a state in contravention of the UN Charter is prima facie [2] 2 evidence of aggression, although the final decision is left to the Security Council, who may also classify other acts of aggression.

The resolution declares that no consideration, whatsoever can justify aggression that a territory cannot be acquired by acts of aggression and that war of aggression constitutes a crime against international peace.

Cassese notes “[t] hat international crimes result from the cumulative presence of the following elements”. [2] 3

They consist of violation of customary rules…

Such rules are intended to protect values considered important…

There exists a universal interest in repressing these crimes. Alleged authors of such crimes may be punished by any state, regardless of links … with the perpetrators of the victim.

Finally…the state on whose behalf (s)he has performed the prohibited act is barred from claiming enjoyment of the immunity. [2] 4

Cassese continues “[U] nder this definition international crimes include war crimes, crimes against humanity, genocide, torture, aggression, and some form of international terrorism.” [2] 5

International Criminal Court has competence to exercise jurisdiction over crimes of aggression a definition of what constitutes aggression has yet to be agreed. Only then will the ICC’s jurisdictional competence be established.

Rome Statute of the International Criminal Court

The Rome Statute of the International Criminal Court lists the crime of aggression as one of the most serious crimes of concern to the international community [2] 6, and provides that the crime falls within the jurisdiction of the International Criminal Court (ICC).

A United Nations factsheet on the ICC states:

“[W] hat about aggression? Isn't it in the Statute?

Aggression has been included as a crime within the Court's jurisdiction. But first, the States Parties must adopt an agreement setting out two things: a definition of aggression, which has so far proven difficult, and the conditions under which the Court could exercise its jurisdiction. Several proposals have been considered. Some countries feel that, in line with the UN Charter and the mandate it gives to the Security Council, only the Council has the authority to find that an act of aggression has occurred. If this is agreed, then such a finding by the Council would be required before the Court itself could take any action. Other countries feel that such authority should not be limited to the Security Council. There are proposals under considerat