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|An analysis of the crime of aggression in international law
|Akurut, Jannet G.
|Crime of aggression
|Kampala International University; School of Law
|This study "an analysis of the crime of aggression in international law; a case study of the UN Security Council role and the ICC jurisdiction over the crime of aggression was carried out in Uganda with the general and specific aim of assessing and analyzing the role played by the UN Security Council under Article 39 of the UN charter in observing peace in regards to referring matters of crime of aggression to the ICC as well as dispensing justice and achieving peace, identifying legislative lucanae, challenges faced by the ICC in exercising jurisdiction over the crime of aggression as well as punishing the war perpetrators of the crime of aggression and suggesting appropriate legal reforms. In comprehension of the study, literature on the specific aims reviewed from previous writers and authors. The findings of the study is that, before the first review conference held at Kampala in June 2010, the crime of aggression was a crime listed in the Rome statute among the core crimes within the jurisdiction of the ICC but the court could not exercise jurisdiction over the aggression because there was no agreement on the definition of the crime of aggression. upholding the review conference of June 2010, the definition of the crime of aggression, the elements of the crime of aggression and conditions from the exercise of jurisdiction O':'er the crime of aggression by the ICC was decided and hence as of July 2017, the jurisdiction of the ICC over this crime was activated by ASP 16th session of the ASP to the Rome statute in December 2017 to include in referral by the UN Security Council of matters of crime of aggression to the ICC, the prosecutor initiating investigations proprio motu and finally the ICC member states referring the matter to the ICC. And the elements agreed where mental and material elements, the mental elements consist of intent and knowledge while the material element consist of conduct, consequence and circumstances. The findings further indicate that the International Criminal Court generally has no executive powers and no police for of its own, it depends on full, effective and timely cooperation in totality from state parties. The study recommended that in ensuring the credibility of the ICC, it must secure conviction and work cooperatively with states parties to ensure the prosecution and punishing of the war perpetrators of the crime of aggression and end impunity.
|A research report submitted to the School of Law in partial fulfillment of the requirement for the Award of Bachelor of Laws of Kampala International University
|Appears in Collections:
|Bachelor of Laws
Files in This Item:
|Akurut Jannet Gillian.pdf
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