THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

Main Article Content

Faruk H. Avdic

Abstract

The subject of this analysis was the provisions of the Rome Statute of the International Criminal Court devoted to the leadership requirement of the crime of aggression. The crime in question is the successor of crimes against peace. This paper employed normative and formal dogmatic legal methods in analyzing the particulars of the leadership clause. Besides, this analysis also took into consideration the case-law of certain judicial bodies. This paper aimed to examine whether the leadership requirement of the crime of aggression has been properly constructed for the Statute. The main focus was on the meaning of the conditions stemming from the leadership clause that each perpetrator ought to fulfill to incur criminal responsibility for the crime of aggression. Additionally, this research addressed the criminal responsibility of public and private actors and the modes of participation in the crime in question. The article established that the leadership requirement concerning the crime of aggression has been aptly incorporated in the Statute since this requirement, at the same time, embraces the post World War Two standards concerning crimes against peace and the contemporary notion of aggression as one of the core crimes under international law.

Downloads

Download data is not yet available.

Article Details

How to Cite
Avdic, F. H. . (2021). THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT. Journal of Liberty and International Affairs, 7(3), 157-178. https://doi.org/10.47305/JLIA2137157a
Section
Articles
Author Biography

Faruk H. Avdic, Independent Researcher, Bosnia and Herzegovina

I hold a Bachelor of Laws degree and a Master's degree in the field of law. From 2012 to 2016, I attended undergraduate studies at the Faculty of Law of the University of Tuzla. In 2016, after graduating from the Faculty of Law of the University of Tuzla, I earned a Bachelor of Laws degree. As an undergraduate student, in the capacity of a member of the University of Tuzla - Faculty of law moot court team, I participated in three moot court competitions dealing with human rights violations and criminal procedure. From 2016 to 2017, I attended graduate studies at the Faculty of Law of the University of Sarajevo. In 2017, after graduating from the Faculty of Law of the University of Sarajevo, I earned a Master of Arts degree in the field of criminal law. After graduating from the University of Tuzla - Faculty of Law, I did an internship at the Cantonal Prosecutor's Office of Tuzla Canton for two years in the general crimes section of the Cantonal Prosecutor's Office of Tuzla Canton. Following the completion of the mentioned internship, I passed the bar examination in 2019 before the Commission of the Ministry of Justice of Bosnia and Herzegovina. My research focus is criminal law, criminal procedure, international criminal law, and international law.

Share |