| Abstract [eng] |
The topic of this thesis, more precisely, the crime of aggression, has brought attention of the international community once again since the beginning of Russia’s aggression against Ukraine. Thus, this master thesis provides an extensive research on the evolution, development and codification of the crimes concerning aggression through careful examination of legal documents, case law and doctrine. This paper analyses the foundational definitions of the crimes under the Nuremberg Charter and the Rome Statute and highlights the present problems in current international legal framework in a light of ongoing Russian aggression against Ukraine. This thesis examines the definition of the crime against peace established by the Nuremberg Charter, its elements, scope and application. It also analyses the modalities of individual criminal responsibility of the crime against peace and the issue of personal immunities within the leadership clause during the Nuremberg Trials, establishing a legal precedent for future criminal prosecution of this crime. This work provides a coherent research of application of the crime of aggression during the subsequent trials and following UN General Assembly performance. The paper analyses the development and codification of the crime of aggression under the Rome Statute. It also provides a clear exploration of the definition of the crime of aggression, its elements, scope, application and jurisdictional limitations of the ICC concerning this crime, specifically in a case of Russian aggression. This thesis outlines the wide range of modes of individual criminal responsibility and addresses the leadership clause and a problem of personal immunities regarding the crime of aggression in current international legal framework. Through a comparative analysis, this thesis provides a substantial examination of the concepts of crime against peace and crime of aggression, specifically the elements, including definitions of the act of aggression, issues of leadership clause and personal immunities and modalities of individual criminal responsibility, and their application. This study also indicates whether the crime of aggression can be considered as a reflection of customary international law and suggests the definition of the crime of aggression, which the future Special Tribunal for the crime of aggression against Ukraine should apply in its framework. |
