Initiating a criminal case for the crime of aggression in the International Criminal Court and the responsibility arising it

Abstract

The International Criminal Court is a historic achievement for humanity, as it is the first permanent international court, with jurisdiction to prosecute persons who committed criminal violations of international humanitarian law, and then initiate criminal proceedings, especially the crime of aggression and the rest of the crimes specified in the Charter of the International Criminal Court, unlike the International Court of Justice, which restricts The case is before the states, the International Criminal Court considers the complaints of individuals, and then builds its rulings on the basis of individual responsibility, and accordingly the court exercises its jurisdiction over the crime of aggression according to a decision taken by a majority of states parties equal to the required majority to adopt amendments to the Statute, after the first of January In 2017, the court may also exercise its jurisdiction over the crime of aggression in accordance with Articles (13) (a) and (c). In addition, the court may, in accordance with Article (12), exercise its jurisdiction related to the crime of aggression that arises from an act of aggression, if it is committed by A State Party, unless the State Party has notified in advance by filing a declaration with the Registrar that it does not accept jurisdiction, such declaration can be withdrawn at any time and must be considered by the State Party within (three) years, with respect to a State not party to this system, The court cannot exercise its jurisdiction related to the crime of aggression when it is committed by the citizens of that country or committed on its territory. On the other hand, the right of referral to this court is by the states parties, given that these states are the main parties to the permanent international criminal court, or by the council International security, within the conditions set by the statute of the court