Humanitarian intervention in the context of the crime of aggression under Article 8 bis of the Rome Statute of the International Criminal Court

Abstract

Even though it does not represent a new concept in international law, the notion of humanitarian intervention still causes numerous controversies when it comes to its content and applicability. Since this institute is tightly related to situations characterized by the use of force in international relations, the potential application of the institute of humanitarian intervention belongs to the domain of international criminal law, particularly in reference to the crime of aggression from Article 8 bis of the Rome Statute, which criminalizes the use of force outside of the boundaries set by the UN Charter. This article attempts to provide an answer to the question whether humanitarian intervention, if it were accepted as part of international customary law, can affect the application of the Rome Statute. In addition to the analysis of the significance of humanitarian intervention when it comes to the establishment of the elements of the crime of aggression, the article will point out the scope of this institute pertaining to the bases for the exemption from criminal responsibility according to the Rome Statute, referencing potential defence strategies in cases that could take place before the International Criminal Court.

Keywords

• crime of aggression
• rome statute
• humanitarian intervention
• grotian moment
• criminal responsibility
• international criminal court