KIULJ Volume. 5, Issue 1 (2023)

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Contributor(s)

Richard Suofade Ogbe
 

Keywords

Aggression Charitable Acts International law Responsibility Criminal Immunity Crime Humanitarian law.
 

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The Jurisprudence Of The Crime Of Aggression Vis A Vis Acts Of Charity In International Law

Abstract: The challenge of ensuring that acts of charity are not mistaken for acts of aggression have continues to attract international comments and discourse. Separating these acts and granting criminal immunity to persons who engage in charitable acts has become not only complex but enigmatic. There appears to be a precarious convergence and divergence between making a clear identification of persons who carry out Welfarist and humanitarian activities and the crime of aggression. This paper seeks to analyze the difficulty of decoding and explicating the components and elements of the crime of aggression in international law premised on the technical definition of the term from its evolutionary concept to its modern jurisprudential pontification. The first problem is the conceptual definition of the crime of aggression which has attracted a legion of interpretations and varied scholarly comprehension which have only heightened the complex interrogation and impediment that confront the various attempts to give the crime of aggression any precise acceptable definition. Under international law and other legal instruments, the definition of the crime of aggression has been so hazily and obscurely defined such that it has lost its intended meaning. This paper seeks to solve the conjoining jurisprudential problem that exists between persons that have charitable intention and whose obligation is to embark on acts that are purely for the purposes of philanthropy and beneficence and the crime of aggression in international law. The emphasis is that those who set out to carry out humanitarian activities are given special criminal immunity as they do their daily obligation. The paper submits that there is a dire need to redefine the concept of aggression in international law by deploring more modern ways and means of monitoring and regulating acts that can be misplaced and taken as acts of aggression. This will help to distinguish between humanitarian activities and acts of aggression.
 
 
 

Kampala International University Law Journal (KIULJ), ISSN: 2519-9501, 2024