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Zbrodnia agresji w prawie międzynarodowym. Stan po nowelizacji Statutu Rzymskiego MTK

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Iwanek T.
Studia Politicae Universitatis Silesiensis
|
2013
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vol. 11
PL
Abstract: The crime of aggression in international law. After the Rome Statute reform ICC The article seeks to exploe the legal ramifications and provide analysis of the recent reform of the Rome Statute of the International Criminal Court of 1998 ICC entailing the adoption of a definition of the crime of aggression. Long neglected in international criminal law, the crime of aggression survived on the outskirts of regulation and may be, if circumstances allow, revived and renewed after the decision made at the ICC Review Conference in Kampala. Resolution RC/Res.6, as adopted in Kampala, defines the crime of aggression and sets out the jurisdictional mechanisms for its prosecution before the ICC. However, as the article argus, the compromise that gave life to the definition and the elements of the “new” crime of aggression was flawed, and the form of the crime is thus far from perfect. The author identifies several major problems with the adopted definition. Firstly, its link with UN General Assembly Resolution 3314 of 1974 is a source of a significant legal collision, confusing and wrongly construing the law of international responsibility of states and the law of the international responsibility of indivuals, as those branches of international law are very different from each other. This breeds legal uncertainty as to the content of an “act of aggres­sion” and a possibile, and very serious, violation of the, inviolable and immovable in criminal proceedings, nullum crimen sine lege principle. When the contents of such acts will be deter­mined by the UN Security Council, the nullum crimen principle will be violated. Secondly, the crime of aggression, as definded in Kampala, limits itself by being applicable solety to interstate conflict and senior political leadership. Not only does interstate conflict become less and less frequent, but also the possibility of trying and sentencing a senior political or military leader for the crime of aggression is slim, as evidenced by the problems with the execution of the ICC arrest warrant on President Omar al.-Bashir. Thirdly, the construction of ICC jurisdic­tion over the crime of aggression, and its purported link with a UN Security Council decision, may not only submit the judicial operations of an independent court and prosecutor to the political issues and machinations ingerent to the UN Security Council, but may also further infringe upon the principle of nullum crimen sine lege. To summarize, the article presents a threefold critique of the definition of the crime of aggression in the Rome Statute of the ICC and expresses the author’s Concern for legal certainty and the dangers to international criminal justice. It strives to present the problems as well as several solutions and ways of construction favorable to international criminal justice.Key words: international law, crime, aggression, criminal justice, nullum crimen sine lege principle
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The power of words - on how the definitions of crimes in international criminal law lie at the crossroads of semiotics and manifest evil

100%
Iwanek T.
Studia Politicae Universitatis Silesiensis
|
2016
|
vol. 17
PL
Abstract: The power of words - on how the definitions of crimes in international criminal law lie at the crossroads of semiotics and manifest evil              Legal language is paradoxical: it is both open to interpretation and strict, often broad in meaning and specific in semantic content at the same time. Moreover, the legal language of criminal law is a reflection of axiological and moral values and assessments. The paper embraces that paradox and discusses two issues that stem from it in relation to international criminal law: the semantic challenges inherent in legal language pertaining to atrocity crimes and the entwined evolution of their criminal legal definitions. Its outset is the realization, that while the application of law by a court is predominantly an linguistic exercise, it must also provide specific, clear and axiologically sound solutions, absolutely necessary in the process of ascertaining the criminal responsibility of the individual. This phenomenon is especially evident in the legal language relating to international crimes, as it faces not only the challenge of being a strict definition of a crime, and thus bound to be clear and precise; it also must contend with the need to express manifest evil, as international crimes are often and rightly viewed as being singular in their heinousness. In eight parts, this article strives to present the challenges and evolution of the aforementioned issues.  Keywords: criminal law, international public law, genocide, war crimes, atrocity, legal interpretation, legal language, semantics, armed conflict
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