| Abstract [eng] |
In 2010 in Kampala, the States Parties to the ICC finally adopted the definition of the crime of aggression. This definition is indisputably significant achievement reached by the international community, however the definition raised some interesting questions as well. Therefore this master thesis analyzes the ability of the definition to deal with contemporary threats to the security of the states. Moreover the author is looking for the answer whether Russian actions in the territory of Ukraine should be considered as the act of aggression, which might incur the individual criminal responsibility for the crime of aggression. The scientific research has led to the findings that illegal use of force, which is committed by non-state actors, is not covered by the newly defined crime of aggression, therefore author proposes to change the definition. The research proves that defined act of aggression covers not only traditional kinetic use of force, but new forms of the use of force as well: for example, cyber attacks which cause huge physical damage are covered by Article 8 bis of the ICC Statute. Finally, author acknowledges that the actions of the Russian Federation commited in the territory of Ukraine should be considered as the crime of aggression, for which the responsible leaders of the Federation should be prosecuted. |
