The Jurisdiction of the International Criminal Court Regarding the Crime of Aggression مقاله

چکیده:

The International Criminal Court was established in 1998 after half a century and much effort; its statute entered into force on July 20, 2002, and it began its work shortly thereafter, but some of its operational areas are still shrouded in ambiguity; one of the most important of these issues is the relationship between the Court and the United Nations, especially the Security Council, regarding the crime of aggression; although this Court has its own treaty-based structure, a formal connection with the United Nations also seems necessary for it, which has been addressed through an agreement between these two entities that mostly relates to administrative and technical matters; however, fundamental issues and practical actions are not always fully definable or determinable. In this article, an attempt is made to examine the relationship of the Court, in the field of exercising jurisdiction over the crime of aggression, with each of the main organs of the Organization to determine which organ or institution holds better qualifications for defining and exercising jurisdiction over this international crime. The research results show that although the relationship of the International Criminal Court with the United Nations seems unavoidable given the powers of this organization based on the UN Charter, the Court must take the necessary measures to define the crime of aggression and, on this basis, exercise jurisdiction over it to prevent any potential prejudice to the independence of this Court.