International legal basis for countering the crime of aggression

Abstract

The crime of aggression belongs to the category of the most serious international crimes, since its commission constitutes a direct threat to international peace and security. In international legal doctrine, aggression is interpreted as the use of armed force by one state against the sovereignty, territorial integrity or political independence of another state, which is qualified as a violation of the basic principles of international law and the prohibition of the use of force in international relations. Given the particular social danger of this act, the legal regulation of liability for the crime of aggression is carried out on the basis of the norms of international treaties, conventions, acts of international organizations, as well as the practice of international judicial institutions.

Counteracting the crime of aggression is one of the most complex tasks in the field of international law. The modern international legal system provides certain mechanisms for countering aggression, but their effectiveness is largely limited by a number of legal, political and organizational problems. However, there are a number of prospects for improving these mechanisms, which can contribute to better protection of peace and international security.

Aggression results in numerous human losses, human rights violations, destruction of infrastructure and economic losses. Many states lack effective mechanisms to enforce international law on aggression at the national level. This makes it difficult to prosecute those who commit acts of aggression if there is no relevant international tribunal or if the case cannot be considered at the international level.

The first practical precedents for holding individuals accountable for acts of aggression were the military tribunals in Nuremberg and Tokyo, established after the end of World War II. According to Article 6(a) of the Nuremberg Charter, a crime against peace is planning, preparation, waging or waging a war of aggression, or a war in violation of international treaties, agreements. The practice of these tribunals laid the foundation for the further codification of the institution of criminal responsibility for aggression.