การรุกรานในกฎหมายระหว่างประเทศ : จากความรับผิดของรัฐสู่ความรับผิดของปัจเจกบุคคล / เฉลิมชาติ บัวสมบูรณ์ = Aggression in international law : from state responsibilty to individual responsibility / Chalermchat Buasomboon
To study the problem of aggression in international relations by examining the laws related to the agression throughout the ages. Analysis will be given on the vagueness of international law, which threatens peace and international security. It appears that the system of international law requires some applicable mechanisms. The authorized organization such as the Security Council cannot fully exercise their power because of the internal problems especially during the cold war era. The main problem is the lack of definition of the term aggression. Even though the General Assembly adopted the Resolution No.3314 (XXIX) defining aggression, in a practical way, existing mechanisms still cannot prevent aggression and use of armed force in international relations. The United Nations has now established the International Criminal Court, which has the jurisdiction over individuals who are responsible for crimes, and the International Criminal Court Statute includes the crime of aggression under its jurisdiction. Other than the general mechanisms to remedy and prevent aggression in international relation in relation to questions of self-defence or exercising of the power under Chapter VII of the Charter of the United Nations, the International Criminal Court is another option to prevent aggression because this solution is to expand the responsibility from the state to individual. This is the creation of the new mechanism to punish individual, who use their power to commit aggression against other states, and it can be a deterrence measure for the states in their use of armed force against other states. However, the cooperation of all states, and effective mechanisms, both in the political and legal factors, are required for the achievement of this solution.
