جريمة العدوان في القانون الدولي الجنائي

Abstract

The crime of aggression is one of the most serious crimes with devastating consequences on the international community. States had to consider putting a limit on it; this is reflected in many attempts for a whole century, during which human beings have experienced difficult periods of war and aggression. Efforts have been directed towards the liability of individuals for this crime and not just towards state liability, culminating in the definition of the crime at the Review Conference of the International Criminal Court, which had already included it in its jurisdiction but without definition. This resulted in the determination of a mechanism to consider the crime of aggression and its Court's jurisdiction as well as the role of the Security Council as a body that has been given jurisdiction under the United Nations Charter to recognize aggression, since the definition has combined the conduct of the State and the behavior of the individual whose international criminal responsibility cannot be exercised without the existence of such an act of aggression by the Council or a reference constituting recognition because it is exercised under Chapter VII, and thus the perpetrators of that crime, presumed to be leaders under Rome Statute amendment, are subject to the principle of personal liability and are subject to sanctions applied to ordinary individuals.