THE INTERNATIONAL CRIMINAL COURT AND JURISDICTION OVER THE CRIME OF AGGRESSION

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

SHAYGANFARD M.

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2009 | Volume:38 | Issue:4 Page(s): 255-279

Download Full-Text

Persian Verion

View:

2,261

Download:

Cites:

Information Journal Paper

Title

THE INTERNATIONAL CRIMINAL COURT AND JURISDICTION OVER THE CRIME OF AGGRESSION

Author(s)

SHAYGANFARD M. | Issue Writer Certificate

Keywords

G.A. RESOLUTION 3314 ABOUT DEFINITION OF AGGRESSIONQ3

THE DEFINITION OF THE CRIME OF AGGRESSIONQ3

THE DETERMINATION OF AN ACT OF AGGRESSIONQ3

THE UN SECURITY COUNCILQ2

THE CRIMINAL COURT THE INTERNATIONAL CRIMINAL COURT ICCQ3

Abstract

During the negotiations of representatives of different countries on the approval of the statute of the International Crime Court (ICC) there was great controversy not only on the definition of “the crime of aggression”, but also on the manner of making the ICC competent to have jurisdiction over this crime. Western countries, particularly the permanent members of THE UN SECURITY COUNCIL held that the duties related to keeping the peace and security of the world and determining any “act of aggression” were exclusively entrusted to the Security Council and insisted that the competence of the ICC in jurisdiction over “the crime of aggression” must be dependent on prior determination any “act of aggression” by the Security Council. This was of course unacceptable for most other countries who believed the competence of the Security Council in such matters was not exclusive. Some representatives referred to the competence of the UN General Assembly and believed that whenever the Security Council is reluctant or unable to determine any act of aggression, the ICC may ask the General Assembly to address the issue and determine if any act of aggression has occurred by the accused’s country. Another group relied on the capacity of the International court of Justice (ICJ) and said it was the competent authority to determine acts of aggression. There is however a third group the members of which believe the political responsibilities of the Security Council are quite different from the judicial character of the ICC and say that determination of an act of aggression by the ICC is the very essential condition for its independence in judicial proceeding and its efficiency.

Cites

No record.

References

Cite

APA: Copy

SHAYGANFARD, M.. (2009). THE INTERNATIONAL CRIMINAL COURT AND JURISDICTION OVER THE CRIME OF AGGRESSION. PRIVATE LAW STUDIES, 38(4), 255-279. SID. https://sid.ir/paper/124700/en

Vancouver: Copy

SHAYGANFARD M.. THE INTERNATIONAL CRIMINAL COURT AND JURISDICTION OVER THE CRIME OF AGGRESSION. PRIVATE LAW STUDIES[Internet]. 2009;38(4):255-279. Available from: https://sid.ir/paper/124700/en

IEEE: Copy

M. SHAYGANFARD, “THE INTERNATIONAL CRIMINAL COURT AND JURISDICTION OVER THE CRIME OF AGGRESSION,” PRIVATE LAW STUDIES, vol. 38, no. 4, pp. 255–279, 2009, [Online]. Available: https://sid.ir/paper/124700/en

Related Journal Papers