Problems of implementing norms on the crime of aggression into national legislation

The article is devoted to the analysis of the problems of implementing the norms on the crime of aggression into the national criminal legislation of Ukraine in the context of the Kampala Amendments to the Rome Statute of the International Criminal Court with an emphasis on the historical development of the concept, criminalization, jurisdictional conflicts, the subject of the crime and the autonomy of national interpretation. The key international treaties and sources regulating the concept of the crime of aggression, the conditions for activating the jurisdiction of the ICC, the principle of complementarity, as well as the transition from the responsibility of states for acts of aggression to the individual criminal liability of individuals are analyzed. Special attention is paid to doctrinal concepts that evolve from the classical model of crimes against peace to modern criminalization in the Kampala Amendments. The mechanisms for protecting national sovereignty are considered, including judicial interpretation of jurisdiction, ratification of the amendments and counteraction to the immunities of aggressors. The gaps in regulation are highlighted, such as the incomplete implementation of Art. 8-bis in the CCU, the uneven ratification and implementation among the states parties to the Rome Statute. The focus of the study is the transformation of the institution of responsibility for aggression: unification of criminalization, simplification of jurisdictional procedures, adaptation to European standards of international criminal justice. The importance of introducing models of accurate, expanded or combined reproduction of the Kampala norms and strengthening national jurisdiction for the prosecution of senior leadership is emphasized. It is concluded that further improvement of the legal regulation of the implementation of the crime of aggression is key to restoring justice, holding those responsible for the war accountable, and Ukraine’s European integration, transforming the challenges of the conflict into opportunities for legal certainty and international law.