IDEAS home Printed from https://ideas.repec.org/a/lum/ejlpa1/v5y2018i2p47-56.html
   My bibliography  Save this article

The Crime of Aggression in International Law: Problems of The Development of a Universal Definition

Author

Listed:
  • Oksana Voloschuk

    (PhD of law, docent, docent Department of European and Comparative Law, Yuriy Fedkovych Chernivtsi National University, Chernivtsi, Ukraine)

Abstract

This article describes the problems associated with violating the principle of non-use of force or threat of use of force in modern international relations (the principle of the prohibition of aggressive warfare). The concept, essence and signs of the crime of aggression have been analyzed. Particular attention was paid to UN General Assembly Resolution 3314 on the definition of aggression and the Rome Statute of the International Criminal Court, which reveals the concepts and essential characteristics of the crime of aggression, as well as outlines the range of acts that should be recognized as committing acts of aggression. It is determined that there are problems in bringing to justice the states and individuals for the crime of aggression, especially when the acts of aggression are committed in a new type of war - a hybrid war. The role and significance of the UN and the Hague International Criminal Court in the mechanism for combating the crime of aggression and bringing the perpetrators to justice is analyzed. The author concluded that today there is an actual problem for adoption the international crime of aggression definition on the universal conventional level. The adoption of such a definition will contribute to preventing international crime of aggression and the efficiency of international law to combat it.

Suggested Citation

  • Oksana Voloschuk, 2018. "The Crime of Aggression in International Law: Problems of The Development of a Universal Definition," European Journal of Law and Public Administration, Editura LUMEN, vol. 5(2), pages 47-56, December.
    • Handle: RePEc:lum:ejlpa1:v:5:y:2018:i:2:p:47-56
    DOI: https://doi.org/10.18662/eljpa/41
    as

    Download full text from publisher

    File URL: https://lumenpublishing.com/journals/index.php/ejlpa/article/view/880
    Download Restriction: no
    File URL: https://libkey.io/https://doi.org/10.18662/eljpa/41?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Keywords

    international relations; jus cogens; international crime; aggression; crime of aggression.;
    All these keywords.

    JEL classification:

    • H7 - Public Economics - - State and Local Government; Intergovernmental Relations
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:lum:ejlpa1:v:5:y:2018:i:2:p:47-56. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Antonio Sandu (email available below). General contact details of provider: https://lumenpublishing.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.