Currently the International Criminal Court cannot investigate the crime of aggression in reference to Ukraine. It specified the establishment of a special international tribunal that would bridge this gap in international criminal justice.
It’s ironic that the concept of the crime of aggression was actually introduced in 1943 by a Soviet jurist, Aron Naumovich Trainin. In 1944 he proposed that Nazi leaders could be dealt with either through a tribunal or the “political verdict of the victorious democratic states”, and this from a representative of a totalitarian state.
A crime of aggression or a crime against peace is known to be the planning, initiation or execution of a large-scale and serious act of aggression using military force. Although the definition and scope of this crime has not found total consensus, the Rome Statue lists numerous acts that can lead to individual criminal responsibility including forceful annexation, military occupation, invasion, bombardment, the blockade of ports, etc.
A crime of aggression is stated to be a leadership crime, committed by individuals in position as policymakers, not the front-line personnel who execute the policy. It derives from an understanding that waging a war without a just cause for “self defense” is unjust.
Become a subscriber to continue reading!
Every week we bring you news from the community and exclusive columns. We're relying on your support to keep going and invite you to subscribe.
Starting from $2.30 per week.
