THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
The subject of this analysis was the provisions of the Rome Statute of the International Criminal Court devoted to the leadership requirement of the crime of aggression. The crime in question is the successor of crimes against peace. This paper employed normative and formal dogmatic legal methods in...
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| Format: | Article |
| Language: | English |
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Institute for Research and European Studies
2021-09-01
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| Series: | Journal of Liberty and International Affairs |
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| Online Access: | https://e-jlia.com/index.php/jlia/article/view/323 |
| _version_ | 1798029546835935232 |
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| author | Faruk H. Avdic |
| author_facet | Faruk H. Avdic |
| author_sort | Faruk H. Avdic |
| collection | DOAJ |
| description | The subject of this analysis was the provisions of the Rome Statute of the International Criminal Court devoted to the leadership requirement of the crime of aggression. The crime in question is the successor of crimes against peace. This paper employed normative and formal dogmatic legal methods in analyzing the particulars of the leadership clause. Besides, this analysis also took into consideration the case-law of certain judicial bodies. This paper aimed to examine whether the leadership requirement of the crime of aggression has been properly constructed for the Statute. The main focus was on the meaning of the conditions stemming from the leadership clause that each perpetrator ought to fulfill to incur criminal responsibility for the crime of aggression. Additionally, this research addressed the criminal responsibility of public and private actors and the modes of participation in the crime in question. The article established that the leadership requirement concerning the crime of aggression has been aptly incorporated in the Statute since this requirement, at the same time, embraces the post World War Two standards concerning crimes against peace and the contemporary notion of aggression as one of the core crimes under international law. |
| first_indexed | 2024-04-11T19:27:01Z |
| format | Article |
| id | doaj.art-eaca688c97444720bcbf6a6ce4fe5f20 |
| institution | Directory Open Access Journal |
| issn | 1857-9760 |
| language | English |
| last_indexed | 2024-04-11T19:27:01Z |
| publishDate | 2021-09-01 |
| publisher | Institute for Research and European Studies |
| record_format | Article |
| series | Journal of Liberty and International Affairs |
| spelling | doaj.art-eaca688c97444720bcbf6a6ce4fe5f202022-12-22T04:07:08ZengInstitute for Research and European StudiesJournal of Liberty and International Affairs1857-97602021-09-017310.47305/JLIA2137157a323THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURTFaruk H. Avdic0Independent Researcher, Bosnia and Herzegovina The subject of this analysis was the provisions of the Rome Statute of the International Criminal Court devoted to the leadership requirement of the crime of aggression. The crime in question is the successor of crimes against peace. This paper employed normative and formal dogmatic legal methods in analyzing the particulars of the leadership clause. Besides, this analysis also took into consideration the case-law of certain judicial bodies. This paper aimed to examine whether the leadership requirement of the crime of aggression has been properly constructed for the Statute. The main focus was on the meaning of the conditions stemming from the leadership clause that each perpetrator ought to fulfill to incur criminal responsibility for the crime of aggression. Additionally, this research addressed the criminal responsibility of public and private actors and the modes of participation in the crime in question. The article established that the leadership requirement concerning the crime of aggression has been aptly incorporated in the Statute since this requirement, at the same time, embraces the post World War Two standards concerning crimes against peace and the contemporary notion of aggression as one of the core crimes under international law.https://e-jlia.com/index.php/jlia/article/view/323AggressionLeadershipEffectivenessCriminal Responsibility |
| spellingShingle | Faruk H. Avdic THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT Journal of Liberty and International Affairs Aggression Leadership Effectiveness Criminal Responsibility |
| title | THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT |
| title_full | THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT |
| title_fullStr | THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT |
| title_full_unstemmed | THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT |
| title_short | THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT |
| title_sort | leadership requirement of the crime of aggression under the rome statute of the international criminal court |
| topic | Aggression Leadership Effectiveness Criminal Responsibility |
| url | https://e-jlia.com/index.php/jlia/article/view/323 |
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