Browsing by Author "Suleiman, Kikula"

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    The future crime of aggression: the interplay between ICC and UNSC
    (Mzumbe University, 2016) Suleiman, Kikula
    The crime of aggression is one of the grave crimes under international law and touches the concern of the international community as a whole. Despite its inclusion in the Rome Statute, 1998 the International Criminal Court (ICC) has no jurisdiction over the crime due to nonexistence of clear definition and elements constituting the crime. The proposed amendments to the Rome Statute through the Resolution RC/Res. 6 of 2010, define the crime of aggression and specify its elements. However, the Resolution RC/Res. 6 subjects the jurisdiction of the ICC to the mandate of the UN Security Council. In this situation, the ICC cannot exercise its jurisdiction over the crime of aggression directly unless the UN Security Council has first determined the existence of an act of aggression with regard to such allegations. This has a direct effect to the institutional independence of the ICC and it creates jurisdictional complications on the crime of aggression. The general objective of this dissertation was to analyse the Resolution RC/Res. 6 with regard to the jurisdiction of the ICC on the crime of aggression by examining the interplay between the ICC and the UN Security Council. For the purpose of this study, the researcher applied doctrinal legal research, field research and library research and undertook the study within the regions of Dar es Salaam, Dodoma and Morogoro in Tanzania. For the purpose of data collection, the researcher obtained primary data by the use of interview and questionnaire methods as well as documentary review for secondary data. The collected data was analysed through qualitative data analysis. Generally, the findings show that, most of the respondents are still in doubts as to whether the crime of aggression will be effectively tried by the ICC due to the predetermination requirement set by the Resolution RC/Res. 6. The researcher concludes that the UN Security Council may use this power to delay proceedings of the crime of aggression at the ICC hence affecting the future of the crime and confidence of the international community over the crime.