CYIL Vol. 6, 2015

JAN LHOTSKÝ CYIL 6 ȍ2015Ȏ experienced judges adds an important human element into the decision-making and as such should be regarded positively. It is necessary to admit that we do not know the precise meaning of the words used. Nevertheless, we know that it was meant to be a very restrictive standard, according to which activities of questionable legal character should not attract individual legal responsibility. Therefore, it can be expected that with regard to the term ‘manifest violation’, the judges will adopt a rather restrictive approach towards the new crime. Although we would certainly all wish that it was not necessary for the Court to use the new definition at all, the Court’s jurisdiction over the crime of aggression should be welcome. However, considering the high threshold of the definition, a prosecution of a crime of aggression will be a rather exceptional case after 2017. In addition, the likelihood of a conviction will be even slimmer. In spite of that, it will be interesting to see which approach the judges choose in the future because considering the grey area cases might bring an important development of a jus ad bellum .

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