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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
.