Criminal Law: Issues of War, Aggression, and International Jurisdiction in Neighboring Countries

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Criminal Law

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Issues of the Case
Under this case, the important facts include that A, B and C were three neighboring countries.
On 15th October 2018, country A decided to declare a war on country B. Consequently, the
defence forces of country A crossed the border between country A and country B. After this,
they occupied a significant portion of the country B’s territory. On 23rd October, 2018 county B
retaliated. The head of the country B sent their defence forces to fight the defence forces of
country A. Country B also occupied a major portion of country A, which was rich in oil and gas.
Upon this attack, the portion of country B, which was occupied by country A, was given
independence. The countries A and C were not members of the Statute of International Criminal
Court. Country B was a member of the Statute of International Criminal Court.
There are various issues which have arisen from the above facts of the case. The issues are stated
below:
a. Whether country A would liable for war and aggression against country B and country C?
b. Whether the Statute of International Criminal Court possesses jurisdiction over country
A?
c. Whether country B would be subjected to criminal proceedings for war and aggression in
country B?
d. Whether the International Criminal Court possesses jurisdiction over country B?
e. Whether country A can make country B criminally responsible or whether country B
could make country A criminally responsible?
f. Whether country A is subjected to proceedings of criminal nature in country B or whether
country B is subjected to proceedings of criminal nature in country A?
g. Whether country A and country B are under the jurisdiction of the International criminal
court of justice?
Rule under International Criminal Law
The International Criminal Court, commonly abbreviated as (ICC), or the International Court of
Criminal Jurisprudence is an inter governmental association and is a tribunal of various nations.

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The headquarters of ICC is located at Hague1. This International court possesses the jurisdiction
for the dealing with the international criminals who are accused of crimes, internationally. The
international crimes include genocides, socio economic crimes, crimes against human beings,
war and aggression with different countries. The existing judicial bodies are supported by the aid
and the rules and regulations framed by the International Criminal Court2. The International
Criminal court plays an extensive role when certain ingredients are met with. When the courts
under every country’s judicature fail to impart justice for offences affecting different countries of
the globe, the International criminal Court plays the pivotal role.
Under the Statute of the International Criminal Court, there are various important rules and
regulations with regard to the crimes of war and aggression between different states3. According
to the provisions of law under the Statute of International Criminal Court, war is considered a
major crime. This is so, because war causes extensive damage across the state. The lives of all
the animals and human beings, economy of the country and the property of the country become
grossly affected. War is one of deadliest crimes because it includes a grave infringement of the
laws prevalent in the particular state4. Under the body of the international customary law, the law
related to war crimes and aggression, were codified since the twentieth century. Some countries
were members of the International Criminal Court while others were not. Those countries, which
1 Kai Ambos, Treatise on International Criminal Law: Volume 1: Foundations and General
Part, 6th ed. (New York: OUP Oxford, 2013) 213.
2 John B., Wellinger and Vijay M. Padmanabhan, "Detention operations in contemporary
conflicts: four challenges for the Geneva Conventions and other existing law", American Journal
of International Law 105, no. 2 (2011): 220.
3 M. Cherif Bassiouni, Introduction to international criminal law, 8th ed. (London: Brill Nijhoff,
2012) 79.
4 Tim Allen, Trial justice: The international criminal court and the Lord's Resistance Army, 3rd
ed. (London: Zed Books Ltd., 2013) 68.