العدوان و الاستخدام المشروع للقوة المسلحة في القانون الدولي الجنائي

Abstract EN

This research seeks to study and analyze criteria to differentiate between the unlawful use of armed force, which constitutes the crime of aggression in the concept of international criminal law, and the legitimate use of armed force in some of its principles.

Where the Rome Statute excludes some acts in which armed force is used, and which express the image of the material element of the crime of aggression, but it did not consider them as acts that constitute the crime of aggression, which are specified exclusively in Article (08 bis) thereof.

Because there is no legal or moral element in these acts, despite the existence of the physical element represented by the use of armed force, these actions do not fall within the legal concept of the crime of aggression, and therefore international criminal responsibility for it is excluded.

The research found that controlling the concept and provisions of the unlawful use of armed force (aggression) as a general rule and its legitimate use as an exception, in accordance with the rules of international criminal law (the Rome Statute, and other international instruments).