Medjunarodni problemi 2011 Volume 63, Issue 1, Pages: 24-51
https://doi.org/10.2298/MEDJP1101024M
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The crime of aggression between consensus and contestation
Milovanović Miloš
The efforts to define the crime of aggression as an international crime are
accompanied by many problems. Some countries see it as a sign of salvation
against foreign interference in internal affairs, while others see it as a
limiting factor in achieving their own interests. In the battle between
consensus and contestation every victory was a Pyrrhic one and the price of
any compromise was high. However, after the Review Conference of the Rome
Statute of the International Criminal Court, which was held in 2010, we have
many reasons for optimism. In this paper, the author presents the historical
development of the crime of aggression from the theoretical discussion to its
criminalization as an international crime. It is through a critical analysis
of the norms in international documents and judgments of international courts
based on them that we point to all the advantages and disadvantages of
defining aggression. In his conclusion, the author predicts the future of the
crime of aggression, bearing in mind the latest solutions in theory and
practice of international criminal law.
Keywords: crime of aggression, Nuremberg and Tokyo trials, United Nations Charter, Resolution 3314, International Criminal Court