Autor: Alexandru-Liviu LASCU

Publicat în: Revista Universul Juridic nr. 2/2016

Disponibil onlineaici.

Titlul lucrării în engleză: The crime of aggression – a necessary updating or upgrading

Abstract: In this study, the author describes certain conflicts, which have led to major concerns at the level of the international community in the recent years.

The structure and the body of the study reveal the comments on the State and on the issue of its criminal liability – the crime of aggression -, of the after-Kampala echoes, amongst others, on the authorization of the armed intervention by the U.N. Security Council, on the humanitarian intervention, on the military support for the self-determination movement, on the regulation deficiencies of the constituent content of the crime of aggression and so on, and for the purpose of the above, it was considered the doctrine developed by certain important names in the matter of law (L. Anderson, S. Wilson, T. Anderson, R. Sherlock, R. Nordland, L. Cendrowicz, D. M. Herszenhorn,  S. Rosenberg, I. Birrell, S. Walker, E. Solomon, D. Hubert, T.G. Weiss, A. Lamb, G. Evans, M. Sahnoun, M. P. Scharf,  M. Walzer, A. Lamb, M. Gillett, N. Wilson, M. Gillett, S. Alexandrov, A. Cassese, C. Greenwood, M. E. O’Connell, M. Gillet, D. Murphy, R. Goodman, J. Stone, I. Browlie, K. Anderson).

Finally, the author puts forward brief considerations regarding the crime of aggression, in the sense that if the worldwide public opinion has expected an upgrading which may enforce it in practice ever since the adoption of the Statute of the International Criminal Court in 1998, it is found, according to its definition during Kampala Conference, in direct disagreement with the manner in which the military conflicts are conducted at present, that it needs also a serious upgrading, in order to prove its efficiency.

Keywords: international community; criminal liability; crime of aggression; public opinion; updating; military conflicts; upgrading.