الإشكالات المرتبطة بالمتابعة الجزائية لمرتكبي جريمة العدوان أمام المحكمة الجنائية الدولية

الملخص EN

The permanent international criminal court has the right to try the perpetrators of crimes of aggression starting from July 2018, after its jurisdiction was activated according to its statute, and this after two articles (8 bis and 15 bis) were added to it providing the objective and procedural conditions necessary to achieve penal follow-up, in addition to some texts here and there.

however, these amendments may not always allow the possibility of opening an investigation concerning the crime of aggression, due to a number of problems that hinder it, including those related to the elements of the crime itself, or the role of the UN security council in exercising its jurisdiction, or even the condition of accepting jurisdiction by member states.

in court, the ambiguity of some of the terms used in defining acts of aggression makes the trial elusive.

nevertheless, we note a number of positives.