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Crime of Aggression under the Rome Statute of ICC Abstract The jurisdiction of the International Criminal Court over the Crime of Aggression, which has been defined at the Review Conference in Kampala, 2010, will be activated on 17th of July 2018. This paper is summarizing more than seventy years of continuing development of a definition of the Crime of Aggression which has started after the Second World War during so-called Nurnberg Trials (a forerunner of the Crime of Aggression - Crimes Against Peace have been tried during these trials) and which will be, at least for now, completed upon the activation of the jurisdiction of the International Criminal Court and upon a completion of the Rome Statute. This paper deals not only with the history of the Crime of Aggression but also with its position as a crime under the international law with a connection to other crimes which can be prosecuted before the International Criminal Court. Furthermore, it analyses the main elements of the crime with a focus on difficulties which can potentially come up once they are used in practice. A special part of this paper is focused on jurisdiction of the International Criminal Court over the Crime of Aggression, which has not quite met expectations from international society, as it seems that in case of state referral or...

LL.M. (International Law) / The coming into force of the Rome Statute of the ICC (International Criminal Court) created a shift in state attitude in respect of the implementation and enforcement of International Law. In particular, several issues arise concerning the role to be played by states in the context of complementarity between the ICC and national courts. The ICC has jurisdiction over crimes of the most concern to the international community and its power is limited by, amongst others, the complementarity principle as well as the jurisdiction and functioning of national courts. States parties agreed to establish a permanent court which would put an end to impunity and prevent acts of core international crimes, as well as ensure effective prosecution of international crimes. Under the Rome Statute, states parties are obliged to develop measures at the national level in order to enhance international cooperation with the ICC. The complementarity principle encompasses, amongst others, the duty of every State to exercise criminal jurisdiction over international crimes, to enhance the capacity of national jurisdiction and to implement an appropriate national legal system which provides the same level of guarantee in investigating and prosecuting international crimes as the ICC. Both the ICC and national courts have jurisdiction over core crimes and this concurrent jurisdiction causes conflict between both institutions. The complementarity principle is based on the basis that states should maintain primary responsibility to protect their populations from genocide, war crimes, and crimes against humanity. However,these conflicts do not arise with Ad Hoc tribunals, whose Statutes emphasise the supremacy of the international criminal tribunals over national courts. The complementarity principle is based on the basis that states should maintain primary responsibility to protect their populations from genocide, war crimes, and crimes against humanity. The complementarity principle provides that prosecutions of crimes stipulated under the Rome Statute are primarily the task of states and the ICC is the court of last resort.6 This primary competence of national courts and the boundary between the two jurisdictions is given expression in article 17 of the Rome Statute. Prosecutions of core crimes before the ICC are only admissible if, and under condition that, an effective prosecution at the national level is threatened by legal, political and factual obstacles.

Magister Legum - LLM / The Islamic State of Iraq and the Levant is a jihadist militant group. The members of this militant group have committed criminal acts of unspeakable cruelty. These staggering criminal conducts are documented by the United Nations, international human rights organisations, and media. Besides, the group itself gives first-hand information through social media and its magazine. Having witnessed the atrocities committed by Islamic State of Iraq and the Levant, the United Nations Security Council affirmed that the Islamic State of Iraq and the Levant’s conduct in Syria and Iraq is a threat to international peace and security. Therefore, the media and various role players have called for the intervention of International Criminal Court. This research paper analyses whether the International Criminal Court is a viable prosecutorial option to account the Islamic State of Iraq and the Levant members for their crimes. For the Court to be a viable prosecutorial avenue, it must have a jurisdiction. Accordingly, this research paper critically examines whether the International Criminal Court has subject matter, personal and/or territorial jurisdictions to try the Islamic State of Iraq and the Levant perpetrators. The study concludes that although the criminal conducts by Islamic State of Iraq and the Levant members constitute crimes under the Rome Statute, the Court, however, has limited jurisdictional reach over the perpetrators. It is submitted that with a limited and fragmented territorial and personal jurisdictional reach over the perpetrators, the Court is not a viable prosecutorial avenue. / German Academic Exchange Service (DAAD).

The interest in the Palestinias human rights violation by Israeli Occupation authorities has been increased and is taking a significant role in the world today. Especially after OPT gained its right to self-determination and consequently became a part of the international community and international Laws and most importantly, the Rome statute of the International Criminal Court. The ICC has started an investigation of crimes and violations committed under the Rome Statute. However, there have not been any decisions or prosecution filed yet. However, different reports have discussed the crimes committed. This paper is examining the crime of apartheid and analysing it under the Rome statute through a singel case study of the city Hebron.

The analysis of the principle of the complementarity formula set out in the Rome Statute is at the heart of this dissertation. The research aims to critically reflect on the complementarity regime under the Rome Statute in relation to international crimes committed in the DRC since the incorporation of the Rome Statute into the Congolese legal system. This research argues that the implementation of the principle of complementarity poses difficulties of application, implementation, and interpretation and thus remains a less effective means of putting an end to international crimes. The findings of this research indicate an urgent need for the principle of complementarity being rethought by clarifying its content and scope. Victims of international crimes cannot to date rely on its implementation to obtain justice. This research adopts an essentially conceptual approach; moreover, the methodological approach adopted is that of qualitative research. This research calls for the principle of complementarity being rethought by clarifying its content and scope.

1 The Crime of Aggression under the Rome Statute of the International Criminal Court Abstract This diploma thesis deals with the Crime of Aggression, one of the four crimes under international law prosecuted by the International Criminal Court. The definition of this crime was adopted at the Kampala Review Conference in 2010 and the jurisdiction of the International Criminal Court was activated in 2018. This is a significant milestone in the development of international criminal law, as it means a possibility of prosecuting state "leaders" for acts of aggression against other states for the first time since the end of the Second World War. The goal of this thesis is to provide a brief summary of the historical development of the Crime of Aggression, to analyse and to evaluate the newly adopted definition. The jurisdiction of the International Criminal Court over the Crime of Aggression of the will be also assessed. Last but not least, the paper elaborates on whether the Crime of Aggression has become a custom in international customary law. The first chapter deals with the position of the Crime of Aggression in relation to other crimes under international law and the issue of terms and scheme of international criminal law. Chapter two describes the complex historical development of the Crime of Aggression....

Crimes against humanity have become a global concern, garnering widespread media coverage over the past decade. Boko Haram's actions pose a threat to both domestic and international security, with frequent attacks on civilians, churches, security forces, and even international organizations like the United Nations. The group's impact is felt across all 36 states of Nigeria, impacting the country's socio-political and economic development. The absence of agreement on whether non-state actors can be held responsible for crimes against humanity in the same way as states, can create a potential risk of serious crimes going unpunished. As non-state actors are increasingly gaining influence and have the capacity to plan and execute widespread atrocities, it is crucial to address this issue. This research project aims to investigate whether there is an Organizational Policy behind Boko Haram’s atrocities and how it can be categorized as committing crimes against humanity under Article 7(2)(a) of the Rome Statute.

Crimes under International Law in the Rome Statute of the ICC and Their Prosecution Abstract This diploma thesis deals with crimes under international law in the Rome Statute of the International Criminal Court and their prosecution, with a special focus on the issues of applicability of senior state officials' international immunity when it comes down to the proceedings before this court. The first part of the thesis outlines the meaning of the term crimes under international law and explains the difference between this term and the terms international crimes and transnational crimes. Next, the prosecution of these crimes under international law is set within its historical context with a special focus on the period after the start of World War I. The second part discusses the International Criminal Court's jurisdiction and, mainly, each individual crime under international law and its definition in the Rome Statute. The second part ends with a chapter concerning mental elements of these crimes and particularly the institute of command responsibility. The third part describes the procedural provisions of the Rome Statute and it guides the reader all the way from the initiation of the proceedings to the enforcement of the court's decision. The third section also offers several practical examples regarding...

La jurisprudence de la Cour a été commentée et comparée à celle des tribunaux ad'hoc par de nombreux chercheurs. Cependant, ses interactions avec le système international (Etats, organisation internationales) furent quelque peu délaissées. Or, en tant que partie intégrante de ce système, elle ne peut être analysée comme un élément isolé. La stratégie du Procureur est incompréhensible si elle n'est pas rapprochée des attentes et préoccupations de la société internationale. Elle véhicule des valeurs et idéologies en provenance d'une certaine partie du monde au détriment des autres. il est vrai qu'elles sont largement acceptées par la communauté des nations, mais ce fait peut valider certaines réticences face au statut de Rome.Pour l'Union Africaine, la Cour est partiale, faite sur mesure pour les Etats africains plus faibles et la considère comme une nouvelle forme de néocolonialisme. Les ONG internationales, telle Human Right Watch, considèrent nombre de ses membres comme responsables de violations des droits de droits de l'Homme. Faut-il pour autant rejeter leurs préoccupations ?Quand les experts analysent le conseil de sécurité, ils oublient l'illégitimité des membres permanents en matière de respect des droits de l'Homme. L'intervention américaine en Irak fut en son temps dénoncée comme un crime d'agression, et leur incapacité à manipuler en leur faveur le Conseil de Sécurité les a encouragé à envisager une autre invasion en Syrie. Le manque de réaction internationale devant l'illégalité d'une telle opération est signe d'un traitement inégalitaire des Etats. Le rôle des médias ne doit pas être oublié.Pendant l'élaboration du statut de Rome, ses rédacteurs ont voulu préserver la souveraineté des Etats. Ils ont en fait donné aux Etats puissants l'assurance qu'ils échapperont aux poursuites devant la Cour.Ce travail analysera les accusations de partialité et d'efficacité de la Cour et proposera des mesures afin de la rendre plus juste et équitable. / The ICC jurisprudence has been abundantly commented and compared to the others ad'hoc tribunals' works. However, its interaction with the international system (states, international organizations) was not as closely examinated. As an integral part of this system, the court can not be considered as a lone element. It is impossible to understand the prosecutor strategy if the wants and preoccupations of the international society are ignored. As such, the jurisdiction promotes values and ideologies coming from some states or some continents. They are largely accepted by the community of nations but this can validate some states' resistencies to the Rome Statute.The African Union claims that the ICC is partial, made solely for the weaker African nations, and is just another form of neocolonialism. It is true that international NGOs such as Human Right Watch consider most of its leaders as perpetatrors of Human Rights violation. Does it mean however that their concern must be dismissed? When experts analyse the Court or the Security council involvements they failed to point for example the illegitimacy of the five permanent members when it comes to Human Rights. The U.S intervention in Irak is seen by many as a crime of aggression and their inability to move the Security Council in their favour prompted their reaction to invade Syria. The lack of concern of the international community for this new development's illegality is another sign of the inequality of treatment between nations. Mass medias' role will not be forgotten in this research.The Court reacts to this unfair environment and its cases are chosen accordingly. When the Rome Statute was elaborated, the redactors tried to preserve state sovereignty. But in fact they insured that the most powerful states will escape the jurisdiction of the Court.In this paper, we will examine the claims of partiality and dependence of the Court and propose some changes to make it a more equitable and fair jurisdiction.