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侵略行为最古老、最严重、最成型,但因政治含量过重,始终未能形成罪名和刑法定义。《罗马规约》(1998)首次确立并宣告了“侵略罪”罪名,具有里程碑意义;但因少数大国固执己见,仍然未能同时形成刑法定义。《罗马规约》修正案(2010)终于解决了侵略罪司法定义和启动机制问题,实现了新的飞跃。安理会的优先判定权继续遭遇司法冷遇,中国的反对立场依然如故。侵略罪的立法争议仅仅是冰山一角,中国若想科学、可持续地均衡崛起,司法阻力巨大,学者亦应客观劝导。最近中国“赞成”绝大多数国家意见或普遍共识,导致安理会于2011年2月26日“一致通过”对利比亚政府及其主要领导人实施系列制裁,包括将利比亚犯罪情势移交ICC,不论对于ICC还是中国而言,这都是里程碑式的历史事件。
The acts of aggression were the oldest, the most serious and the most formative, but they were still unable to form a definition of guilt and criminal law because of their heavy political content. The Rome Statute (1998), for the first time, established and declared the crime of “crime of aggression” as a milestone. However, as a few large countries have always adhered to their own opinions, the definition of criminal law still can not be formed at the same time. The amendment to the Rome Statute (2010) finally solved the issue of the judicial definition of the crime of aggression and the mechanism for its initiation and achieved a new leap forward. The Security Council’s priority right continues to suffer from a judicial cold-shoulder and China’s opposition position remains unchanged. The legislative dispute on the crime of aggression is only the tip of the iceberg. If China wants to make a scientific and sustainable rise in a balanced and balanced manner, the judicial resistance will be huge and academics should persuade objectively. The most recent opinion or general consensus reached in favor of China by the majority of the Chinese government led the Security Council to impose a series of sanctions on the Libyan government and its major leaders on February 26, 2011, including the transfer of the criminal offenses in Libya to the ICC This is a landmark historical event both for ICC and China.