| 英文摘要 |
Entry into force of the aggression amendments to State Parties is the fundamental requirement for the ICC to exercise jurisdiction over the crime of aggression. However, the procedure regarding entry into force of the amendments is quite complex and the aggression amendments themselves keep silent about this issue, making this issue into a controversy. In review of the SWGCAs discussion during the negotiation, this essay analyzes the respective legal basis of existing opinions, arguing that the entry into force of the aggression amendments shall not steer clear of the procedure stipulated in the Statute, and cannot commonly be applied both paragraph 4 and 5 of Article 121; upon the literal interpretation, teleological interpretation and the verification of subsequent practice, Article 121, paragraph 5 of the Statute shall apply to the entry into force of the aggression amendments. Next, this essay scrutinizes the legal consequences of paragraph 5 of Article 121s application, considering that this provision, same as paragraph 4 and 5 of Article 15bis, may restrict the ICCs jurisdiction in the context of State referral and proprio motu, but such restriction is not applicable to Security Council referral. From this point, Security Council is expected to play a pivotal role in the ICCs exercise of jurisdiction over crime of aggression.
|
