CRIME OF AGGRESSION & RELEVANCE IN THE 21ST CENTURY IN CONFLICT OF KASHMIR
Open Access
- Author:
- Ponnala, Srishti
- Area of Honors:
- Global and International Studies
- Degree:
- Bachelor of Science
- Document Type:
- Thesis
- Thesis Supervisors:
- Howard Smith, Thesis Supervisor
Jonathan Eran Abel, Thesis Honors Advisor - Keywords:
- international law
human rights
aggression
sovereignty
ICC
india
pakistan
kashmir
rome statute
United Nations
Security Council
justice
international human rights
crime of aggression
Article 8 bis
conflict
resolution
legal
law
international justice
states
nations
global and international studies
political integrity
autonomy
use of force
accountability - Abstract:
- This thesis will fundamentally focus on the global implications of international justice through Article 8 bis 1 and 2 ‘crime of aggression’. I argue the need for the U.N. Security Council referrals to be made to the ICC under Chapter VII of the U.N. Charter. As previously stated, this allows for the Court to exercise jurisdiction over crime of aggression involving State Parties, regardless of their individual ratification status or “opt-out” status, and non-states parties alike. This thesis examines international situations in countries that have chosen to “opt-out” of and not ratify Article 8 bis, such as the India-Pakistan conflict of Jammu & Kashmir (more commonly referred to as Kashmir). It will be used as a means to analyze the purpose of crime of aggression in bringing about justice to current human rights violations, as this is a unique jurisdictional regime which cannot be triggered in the same manner as with other core crimes (crimes against humanity, genocide, and war crimes) of the Rome Statute. The purpose of this research is to answer the following questions: Are India’s actions in Kashmir actions that constitute crimes of aggression (as defined by Article 8 bis of the Rome Statute) by a non-signatory nation? What constitutes acts of aggression under international law? What causes have led to the ongoing conflict between India and Pakistan? My research suggests that by applying Article 8 bis 1 and 2 the ICC can play a role in impartially adjudicating these most serious international crimes, bring justice to victims, and serve in the advancement of the rule of law and create stable, peaceful societies. It is important to note that this international crime emphasizes its ability to hold the leaders (i.e., individuals) of nations responsible, rather than the State Parties themselves.