The Need for an International Tribunal on the Crime of Aggression Regarding the Situation in Ukraine

Jennifer Trahan

Journal: Fordham International Law Journal

Volume: 46

First Page: 671

Year: 2023

Bluebook Citation: 46 FORDHAM INT'L L.J. 671 (2023)

Author: J. -R Trahan: all 23 publications


Abstract

This Essay examines the imperative need to prosecute the crime of aggression being committed against Ukraine and doing so through an international tribunal created on the recommendation of the UN General Assembly. It also makes the case for amending the Rome Statute of the International Criminal Court to expand jurisdiction over the crime of aggression to cover future similar situations. Both are critically important in order to enforce the core norm against the use of force within the UN Charter through the regime of individual criminal responsibility. The Essay also briefly explores the paralysis caused within the UN Security Council when a permanent member is the state violating the use of force prohibition within the UN Charter.

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