CRIMINAL OFFENCES OF ARMED REBELLION AND WAR OF AGRESSION

Abstract

Upon analyzing acts committed within the criminal offences of armed rebellion and war of aggression, it can be concluded that they do not contain elements of violence at all. However, they represent an exceptionally great abstract danger, as well as carry a possibility of causing unforeseeable and even tragic consequences for a country or even the international community itself. It follows from the above that such criminal offences, in theory and in practice, are positioned in between politics and law. Due to some unknown reasons, the expert public has not dealt with the analysis of the practice and theory of these criminal offences to a sufficient degree, although such an examination would have been ultimately justified in order to analyze the activities of various international criminal courts, especially the work of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. (ICTY). The aim of this paper is to provoke readers into thinking about the relationship between the criminal offences of the war of aggression and the armed rebellion, as well as to point to the problem area in the implementation of national criminal law in relation to international criminal law.