Our purpose: Promoting peace through criminal justice – preventing crimes of aggression

Through the United Nations Charter, States have expressed their commitment “to save succeeding generations from the scourge of war”. They have agreed to renounce the illegal threat or use of force, and to settle their disputes “by peaceful means in such a manner that international peace and security, and justice, are not endangered”. States have the legal duty to abide by this commitment and the UN Security Council has the primary responsibility to enforce it.The Nuremberg Trials made it clear that criminal justice also has an important role to play for the promotion of peace and the deterrence of acts of aggression – though it remained limited and theoretical for many decades thereafter.  With the 2010 Kampala amendments to the Rome Statute of the International Criminal Court, States Parties created a new mechanism to enforce the most important rule of international law: the prohibition of the illegal use of force under the United Nations Charter. This website is dedicated to making accountability a reality.

The Global Institute for the Prevention of Aggression (GIPA) informs about the current delevopments related to the crime of aggression:

News

05 JAN 2023

Congressional Gold Medal for Benjamin Ferencz: President Emeritus of the Global Institute for the Prevention of Aggression, Benjamin Ferencz, is to receive a US Congressional Gold Medal in recognition of his service to the United States and the international community during the post-World War II Nuremberg trials and his lifelong advocacy for international criminal justice and the rule of law. The bill to grant him the award enjoyed the support of 296 US House cosponsors and 81 US Senate cosponsors.

The bill states:

(9) Since the 1970s, Ben has worked tirelessly to promote development of international mechanisms to outlaw and punish aggressive war and the crimes of genocide, crimes against humanity and war crimes. His efforts contributed to the establishment of the International Criminal Court and to the recognition of aggression as an international crime.

(10) Ben is a tireless advocate for international criminal justice and the conviction that the rule of law offers the world a sustainable path to stem conflict and reach peaceful conclusions to geopolitical disputes. His unwavering goal has been “to establish a legal precedent that would encourage a more humane and secure world in the future”.

04 DEC 2022

Resolution by the French Assemblée Nationale: On 30 November 2022, the French Parliament adopted a resolution in which it strongly condemns the Russian crime of aggression committed against Ukraine, calls on the EU and its Member States to support the investigations of the ICC and supports the idea of having criminal trials before an ad hoc tribunal if necessary. For the resolution, see here.

04 DEC 2022

Statement by the President of the European Commission: On 30 November 2022, the President of the European Commission von der Leyen proposed to set up a specialised court, backed by the United Nations, to investigate and prosecute Russia’s crime of aggression. For the full statement, see here.

29 NOV 2022

Statement of the Global Institute for the Prevention of Aggression: States Parties are called upon to remove the restrictions on the International Criminal Court’s jurisdiction over the crime of aggression.

For the full statement, see here.

05 NOV 2022

Acknowledgment by the UN General Assembly: On 2 November 2022, the UN General Assembly adopted by consensus a resolution which recalls, for the first time, the activated jurisdiction of the ICC over the crime of aggression as well as the competence of the UN Security Council to enable the ICC to exercise jurisdiction over all four crimes under the Rome Statute.

30 OCT 2022

Peru becomes 44th State to ratify Kampala amendments: On 14 October 2022, Peru deposited its instrument of ratification of the Kampala amendments, becoming the 44th State to ratify the amendments on the crime of aggression.

11 SEP 2022

Chautaqua Principles: The 14th annual International Humanitarian Law Roundtables held August 28-30, 2022, at Lake Chautauqua, New York, culminated in the issuance of the “Chautauqua Principles” (see here). They, inter alia, state:

 
Current Law and Existing Judicial Mechanisms are Insufficient to Adequately Secure Justice for the Crime of Aggression
 
In the judgment of the International Military Tribunal at Nuremberg,…the crime of aggression was recognized as “the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” While the crime of aggression is defined in Article 8bis of the Rome Statute and represents customary international law, [in many situations] no competent judicial institutions have jurisdiction to prosecute those most responsible for this crime.  States should consider fixing this jurisdictional gap at the ICC.
 
    On February 24, 2022, nearly seventy-six years after the IMT’s landmark judgment, Russia launched an unlawful invasion of Ukraine.  Both national and international judicial systems need to prosecute those most responsible for the crime[] of aggression committed in Ukraine. International tribunal jurisprudence, which renders head of state immunity inapplicable regarding international crimes, including the crime of aggression, should inform their prosecution strategies. It is also essential that, in the event of its establishment, any tribunal or court addressing the unlawful invasion of Ukraine [be] fair, impartial, and not directed at any particular party or State.  Any new tribunal or court must adhere to a clear evidentiary standard of proof of guilt beyond a reasonable doubt.
 
    There is an urgent need for a viable proposal for the creation of a competent international tribunal with appropriate jurisdiction to prosecute those bearing the greatest responsibility for the crime[] of aggression against the people of Ukraine. With that said, any domestic or international tribunal[‘s] work, including those exercising extraterritorial jurisdiction, should not diminish, but enhance the work of the ICC.
26 JUL 2022
Acknowledgment of the gravity of the crime of aggression by the US Senate: US Senate acknowledges that the ICC’s mandate includes prosecuting the crime of aggression – one of the “gravest crimes of concern to the international community.”  See here
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