El crimen de agresión: ampliar los parámetros relativamente estrechos del artículo 8 bis del estatuto de Roma
| Autor | Karan Godara |
| Páginas | 145-159 |
145
NOVUM JUS • ISSN: 1692-6013 • E-ISSN: 2500-8692 • Volumen 13 N
o
. 2 • Julio - Diciembre 2019 • Págs. 145-159
Crime Of Aggression: Expanding the Relatively Narrow Parameters of Article 8 Bis
145
CRIME OF AGGRESSION: EXPANDING THE
RELATIVELY NARROW PARAMETERS OF ARTICLE 8
BIS OF THE ROME STATUTE
KARAN GODARA
PANJAB UNIVERSITY
Abstract
The criminalization of aggression, which is diametrically opposed to the notion of state sovereignty,
has remained in a state of suspended animation until recently. Effective starting on July 17, 2018,
the International Criminal Court has been empowered to try individuals for the crime of aggression.
Although achieving this feat is commendable in itself, there is no denying the fact that the definition
adopted under Article 8 bis of the Rome Statute is outmoded. Being a synthesis between the provisions
of two outworn documents of the 20th century, namely the Nuremberg Charter (1945), on the one
hand, and the United Nations General Assembly Resolution 3314 (XXIX) (1974), on the other,
Article 8 bis seems ill-equipped for the purpose of handling new-age challenges brewing in the
21st century. The author has attempted to summarize the evolution of the crime of aggression as a
prelude to presenting a case for the need to adopt a far more inclusive definition within the scheme
of Article 8 bis, i.e. taking into consideration the exigencies of the 21st century emanating from (a)
non-traditional means of warfare, such as cyberwarfare; (b) non-state entities, such as terrorist groups;
and (c) internal acts of aggression.
Keywords: Rome Statute, International Criminal Court (ICC), crime of aggression, Kampala Review
Conference.
About the author: Research Scholar at the Department of Laws, Panjab University. Recipient of the
‘Legislative Assistants to Members of Parliament’ Fellowship 2011-2012. India
Received: October 21, 2018; reviewed: December 10, 2018; accepted: March 12, 2019
DOI: 10.14718/NovumJus.2019.13.2.8
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