نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دانشگاه علام طباطبایی
2 عضو هیأت علمی دانشگاه علامه طباطبایی
کلیدواژهها
عنوان مقاله English
نویسندگان English
The definition of the crime of aggression and the manner in which the International Criminal court applies its jurisdiction over it, was the most challenging issue in the establishment of the Court, which is still a challenge after several decades of starting such a Process. The crimes of aggression after six decades of negotiation and endeavors were eventually defined during the Rome Statute Review Conference held in Kampala in 2010. The resolution adopted by the Assembly of States Parties, in addition of defining the crime of aggression, clarified the jurisdiction of the Court over the crime of aggression, as well as the relationship between the Security Council and the Court about this crime. The present paper aim is to clarify whether the Kampala Amendment has been able to resolve all ambiguities in this regard and allow the prosecution of the crime of aggression in the court or not. The investigations suggest that although the Kampala amendment was supposed to make the prosecution of the crime of aggression apparently, the practice of prosecuting this crime in the court is practically difficult. This has led criticisms to this resolution and the persistence of the challenges about the crime of aggression
کلیدواژهها English
