جريمة العدوان في الفقه الإسلامي و القانون و القضاء الدولي الجنائي

Abstract EN

The crime of aggression or the war of aggression is one of the international crimes in the international criminal law.

Yet, for legal and political reasons, the international community did not reach an agreement on how to define it until Kampala conference was held in 2010.

This conference adopted amendments in the court stature, by virtue of the decision RC/res6.

In article 8 bis, a definition of aggression and of its conditions were incorporated.

Article 15 bis and 15 bis 2 limited the exercise of the jurisdiction of the court on this crime and specified the role of the Security Council in this respect.

Despite the efforts deployed for reaching this definition, many other aspects of aggression remained uncovered.

Moreover, the provided definition set out conditions for the exercise of the court of its jurisdiction and made it somehow under the control of the Security Council.

This is enough reason for jurists to criticize such an attitude adopted by the Kampala Conference and the resulting decision thereof.

On the other hand, the Islamic jurisdictional system rich in jurisdictional provisions based on Islamic law (Chari’a) about war and its rules, prohibited all forms of aggression and considered it a serious crime although that the term of aggression itself was not defined by ancient Islamic jurists.

A complete theory on the crime of aggression may be established on the basis of the Islamic jurisdictional law (fiqh) to explain the attitude of the Islamic society towards all forms of aggression which Muslims make most of its victims.

Thus, what aggression is really? What are its conditions? What is the role of the Security Council in judging a case of aggression? Has Kampla Conference met the wish of states to establish international criminal justice?