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Home > School of Law > Law School Journals > ILJ > Vol. 24 > Iss. 2 (2023)

 

San Diego International Law Journal

Authors

Dr. Nadia Ahmad

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466.html

Document Type

Article

Abstract

Strengthening institutions that enforce the prohibition on the use of force and prevent aggressive acts of war should be a priority in international law, as it struggles to respond collectively to the Russian invasion of Ukraine. Aggression is both prohibited in the Charter of the United Nations and in the Rome Statute, and the United Nations Security Council is blocking enforcement action in both international institutions. This Article explores alternative avenues of accountability for the crime of aggression in international law, and recommends the United Nations General Assembly, with the government of Ukraine, establish a hybrid international tribunal for aggression in the current invasion. In addition to creating a specialized tribunal, countries should use this crucial moment in time to show their support for the existing mechanism for prosecuting aggression, and join the amended Rome Statute. This Article concludes that states should take steps to allow the United Nations General Assembly to refer matters to the International Criminal Court.

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