Role of the International Criminal Court in War Crimes, Crimes against Humanity, and Acts of Aggression by Threats of the Usage of Nuclear Weapons under International Law “Jus Cogens”

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Dolnapa Nantawaroprai

Abstract

From the problem situation, the Russian-Ukrainian war with the acquisition of nuclear weapons and with the goal of implementing it, what role does the International Criminal Court have to play in this regard? Due to the problem of international law enforcement to the State Party and states that are not a member of the International Criminal Court Against the offense of using or attempting to use nuclear weapons. When studying the international political context and the state of states in accepting the jurisdiction of the country's criminal courts found that many superpowers do not recognize the jurisdiction of the International Criminal Court. Thus, it is still able to protect the leaders who commit crimes under the sovereignty of that state. As a result, the International Criminal Court cannot impose sanctions on the leaders of nuclear-armed and nuclear-armed nations or threatening to use nuclear weapons from the fact that the State did not become a member of the Statute of Rome the constitution to establish the court therefore no obligation to obey and follow or bring the offender to the International Criminal Court. The study of international political context and various the status of various states, yielded that many superpower states do not recognize the jurisdiction of the International Criminal Court. In light of this and the ongoing Russian-Ukrainian conflict that has invoked fears and implied threats of the usage of stockpiled nuclear weapons. How can the International Criminal Court hold the persons responsible for theses acts of aggression, while these persons reside in the territories of countries that are not members of the statute of Rome.

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