Publication details
Mezinárodní trestní soud a vývoj právní úpravy zločinu agrese v mezinárodním právu
| Title in English | The International Criminal Court and the Development of International Legal Regulations of the Crime of Aggression |
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| Authors | |
| Year of publication | 2011 |
| Type | Article in Periodical |
| Magazine / Source | Právník : teoretický časopis pro otázky státu a práva |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Crime of Aggression; review conference; International Criminal Court; Rome Statute; International Criminal Law |
| Description | The article deals with the international criminal law as a branch of law, where an individual becomes subject of the public international law. In the introductory part the fundamental characteristics of the International Criminal Court are explained. The following chapters of the contribution discuss the development of the legal regulations of the crime of aggression during the 20th century and furthermore deal with the possibilities of amending the Rome Statute after the establishment of the International Criminal Court. In 2010 the Review Conference of the Rome Statute took place in Kampala and defined for the purposes of the court’s jurisdiction i. a. the crime of aggression. The essential attention in the contribution is therefore devoted to the legal analysis of the amendment accepted by the state parties. It provides insight into the differences between triggering the jurisdiction of the court by the state party and the prosecutor, or by the UN Security Council. The chapter concentrates not only on the diverse jurisdiction based on the investigation initiative, but also on the comparison of the jurisdiction over the crimes such as genocide, crimes against humanity and war crimes and the newly accepted crime of aggression that is expected to enter into force at first in 2017. The contribution analyses the newly adopted amendments itself, concentrates on problems resulting from the narrow jurisdiction of the new crime and the role of the UN Security Council in its exercise of the jurisdiction over the crime of aggression. It discusses the positive and negative scholarly responses to its reception and evaluates the contribution of the amendments to the international criminal justice. |