摘要:本文是一篇留学生论文中的国际刑法中的侵略罪的 Law Essay,这篇文章将批判性地评估国际刑法中侵略罪的发展以及其在《罗马规约》修正案中的适用。这篇文章将集中论述侵略罪的意义、应用和优点,还有它在《罗马规约》修正案中的适用。结论将包括作者的个人评论和讨论。
rmity “with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974.” [V] VB
In 2002, the ICC’s Assembly of States Parties convened a Special Working Group on the
Crime of Aggression (SWGCA) to take negotiations forward. Working with delegates, NGO’s, state parties and non-state parties, a proposed amendment to Article 5 of the Rome Statute was moved. On 11 June 2010, States Parties adopted by consensus amendments containing the definition, elements of crime and conditions for the exercise of the Court’s jurisdiction over the crime of aggression.
“[T]he principal order of business for this, the first Review Conference of the Rome Statute, was the fulfilment of the implicit commitment, as set out in article 5(2)2, to amend the Statute so as to adopt amending provisions incorporating both the definition of the crime of aggression , and, much more controversially, the conditions for the exercise of jurisdiction by the International Criminal Court with respect to that crime.” [V] VV
Fran?ois de la Rochefoucauld (French classical author, 1613-1680) once said “[L]orsque nous sommes incapables de trouver la tranquillité en nous-mêmes, il est inutile de le chercher ailleurs '. “W hen we are unable to find tranquility within ourselves, it is useless to seek it elsewhere”.
The wisdom had finally descended as Rochefoucauld had prescribed almost 375 years previous. Finally, a definition on Crime of Aggression was codified, agreed and accepted by general consensus of states. The proposal finally develops in international law and is placed in the legal hierarchy of jus cogens.
Hailed as the single greatest achievement of the Review Conference, the amendment to the Rome Statute formally defining the crime of aggression is the culmination of significant preparatory work by the Special Working Group (SWGCA) on the crime of aggression, and extensive negotiations during the Review Conference itself. [F] FF
An act of aggression is defined as the use of armed force by one State against the territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. The elements of the crime will operate to clarify some of the language used in the definition.
The current events regarding the political unrest in Northern Africa i.e. Egypt, Libya and Bahrain is being closely monitored by the international community. The aforementioned events are a test for the ICC and more importantly the recently amended.
The decision has changed the international legal landscape forever.
Current acts of Aggression:
Egypt:
“[M] illions of Egyptians have cast their votes in the country's first fully-free ballot, saying a simple 'yes' or 'no' to a number of
constitutional amendments. Some 40 million people are eligible to vote - and the vast majority have done so, relishing their newly-won freedom.” [J] JJ
The joy of being afforded to opportunity to vote on a new Egyptian Constitution is echoed throughout the nation, on its streets, in its cafes and homes of a nation and its people, who for so long have been denied the right of a political meaningful political discussion. The result will determine whether or not parliamentary and presidential elections will take place this year. [A] AA
Those who
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