The Crime of Aggression in International Law: Problems of The Development of a Universal Definition

Oksana Voloschuk ()
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Oksana Voloschuk: PhD of law, docent, docent Department of European and Comparative Law, Yuriy Fedkovych Chernivtsi National University, Chernivtsi, Ukraine

European Journal of Law and Public Administration, 2018, vol. 5, issue 2, 47-56

Abstract: This article describes the problems associated with violating the principle of non-use of force or threat of use of force in modern international relations (the principle of the prohibition of aggressive warfare). The concept, essence and signs of the crime of aggression have been analyzed. Particular attention was paid to UN General Assembly Resolution 3314 on the definition of aggression and the Rome Statute of the International Criminal Court, which reveals the concepts and essential characteristics of the crime of aggression, as well as outlines the range of acts that should be recognized as committing acts of aggression. It is determined that there are problems in bringing to justice the states and individuals for the crime of aggression, especially when the acts of aggression are committed in a new type of war - a hybrid war. The role and significance of the UN and the Hague International Criminal Court in the mechanism for combating the crime of aggression and bringing the perpetrators to justice is analyzed. The author concluded that today there is an actual problem for adoption the international crime of aggression definition on the universal conventional level. The adoption of such a definition will contribute to preventing international crime of aggression and the efficiency of international law to combat it.

Keywords: international relations; jus cogens; international crime; aggression; crime of aggression. (search for similar items in EconPapers)
JEL-codes: H7 K10 K15 K33 (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:5:y:2018:i:2:p:47-56

DOI: 10.18662/eljpa/41

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