Archive / Working Paper
Aggression, crime of aggression, crime without punishment
14/06/2005 By Antonio Remiro Brotóns
The delay in giving the International Criminal Court jurisdiction over the crime of aggression is the result of disagreement over the Security Council’s role in its prosecution.
The permanent Security Council members demand absolute control over judicial action, on the basis of their jurisdiction over international peace and security. However, considering aggression from this perspective must not be confused with those provided by the – clearly judicial – concepts of international responsibility and individual criminal responsibility.
If the Council, in the realm of international responsibility, has already seized control over powers not assigned to it in the United Nations Charter, then in the field of criminal responsibility, a prerogative that is previously and compulsorily determined by the Council over judicial action will definitively turn aggression into a crime without punishment
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Keywords
Human rights International Criminal Court International Criminal JusticeRelated publications
Bio author: Antonio Remiro Brotóns
PhD in Law from the University of Bologna (1969) and Degree in Law from the Universidad de Murcia (1967). He is Professor of International Law and International Relations of the Universidad Autónoma de Madrid since 1981. Director of the Masters on International Relations (since its creation in 1988) and of the recently created (2001) PhD on International Law and International Relations of the Ortega y Gasset Institute. He is Member of the Editorial Board of the magazines Política Exterior, and Private Law and Constitution; Member of the Affari Internazionali Institute of Rome; of the Spanish Association of International Law and International Relations Professors; of the International Law Association of Argentina; and is External Advisor for the Kingdom of Spain.
