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The German Federal Government should advocate in the Assembly of States Parties of the International Criminal Court and in its contacts with individual countries that the conditions for the exercise of the jurisdiction of the International Criminal Court over the crime of aggression (war of aggression) be adapted to those for genocide, crimes against humanity and war crimes.
Motivazioni:
Since aggression is the most serious crime against international peace, it should also be countered with the means of international criminal law. The current regulation, according to which ICC jurisdiction for the crime of aggression only arises if the UN Security Council agrees, is unsatisfactory and does not do justice to the general preventive function of international criminal law. In practice, this regulation protects the leading personnel of the permanent members of the UN Security Council from prosecution.
Extending the jurisdiction of the ICC to the crime of aggression would overcome the arbitrary unequal treatment of crimes under international law. In this way, the international community would not least meet the justified concerns of many African and South American countries, which wanted the International Criminal Court's mandate to be structured in this way during the negotiations at the time, while Great Britain and France, for example, opposed it. This is about counteracting double standards in international law.
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