Aggression And Crimes Against Peace
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| Author | : Larry May |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2008-04-21 |
| Genre | : Philosophy |
| ISBN | : 1139473069 |
In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression - the only one of the three crimes charged at Nuremberg that is not currently being prosecuted - that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. His thesis refutes the traditional understanding of aggression. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations.
| Author | : Sergey Sayapin |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 354 |
| Release | : 2014-01-10 |
| Genre | : Law |
| ISBN | : 9067049271 |
Since after the Second World War, the crime of aggression is – along with genocide, crimes against humanity and war crimes – a “core crime” under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the volume draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States ́ legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute ́s substantive and procedural provisions pertaining to the exercise of the International Criminal Court ́s jurisdiction with respect to the crime of aggression, after 1 January 2017.
| Author | : Claus Kreß |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2016-10-27 |
| Genre | : Law |
| ISBN | : 1108107494 |
The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.
| Author | : Larry May |
| Publisher | : Cambridge University Press |
| Total Pages | : 368 |
| Release | : 2008-04-21 |
| Genre | : Philosophy |
| ISBN | : 9780521719155 |
In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression-the only one of the three crimes charged at Nuremberg that is not currently being prosecuted-that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. May argues that crimes of aggression, sometimes called crimes against peace, deserve international prosecution when one State undermines the ability of another State to protect human rights. His thesis refutes the traditional understanding of aggression, which often has been interpreted as a crossing of borders by one sovereign state into another sovereign state. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations.
| Author | : Stefanie Bock |
| Publisher | : Springer Nature |
| Total Pages | : 296 |
| Release | : 2021-09-20 |
| Genre | : Law |
| ISBN | : 9462654670 |
This book presents a selection of revised and updated papers presented in September 2018 at the International Conference ‘Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives’, which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.
| Author | : Kirsten Sellars |
| Publisher | : Cambridge University Press |
| Total Pages | : 339 |
| Release | : 2013-02-28 |
| Genre | : History |
| ISBN | : 1107028841 |
A legal and historical analysis of the first modern attempts to prosecute national leaders for embarking upon aggressive war.
| Author | : Kirsten Sellars |
| Publisher | : |
| Total Pages | : |
| Release | : 2013 |
| Genre | : Aggression (International law) |
| ISBN | : 9781107237148 |
In 1946, the judges at the International Military Tribunal at Nuremberg declared 'crimes against peace' - the planning, initiation or waging of aggressive wars - to be 'the supreme international crime'. At the time, the prosecuting powers heralded the charge as being a legal milestone, but it later proved to be an anomaly arising from the unique circumstances of the post-war period. This study traces the idea of criminalising aggression, from its origins after the First World War, through its high-water mark at the post-war tribunals at Nuremberg and Tokyo, to its abandonment during the Cold War. Today, a similar charge - the 'crime of aggression' - is being mooted at the International Criminal Court, so the ideas and debates that shaped the original charge of 'crimes against peace' assume new significance and offer valuable insights to lawyers, policy-makers and scholars engaged in international law and international relations.
| Author | : Mauro Politi |
| Publisher | : Routledge |
| Total Pages | : 282 |
| Release | : 2017-09-29 |
| Genre | : Law |
| ISBN | : 135121828X |
The Rome Statute of the International Criminal Court entered into force in 2002 and the ICC will soon be fully operational. Earlier in the ICC process, an international conference was held in Trento to address a specific issue that is still unresolved in the post-Rome negotiations: the crime of aggression. Article 5 of the ICC Statute includes aggression, yet the Statute postpones the exercise of its jurisdiction over the crime of aggression until such time as further provisions have been prepared on the definition of this crime and on the related conditions for the Court's intervention. This important volume collects the papers given by the participants at the Trento Conference. The volume is divided into three parts: the historical background of the crime of aggression; the definition of the crime of aggression, in light of proposals in the Preparatory Commission; and various points of view on the relationship between the Court's competence in adjudicating cases of alleged crimes of aggression and the Security Council's competence.
| Author | : United Nations |
| Publisher | : United Nations Publications |
| Total Pages | : 460 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : |
This report was prepared for the Working Group on the Crime of Aggression at the 8th session of Preparatory Commission, held in September-October 2001. The paper consists of four parts relating to: the Nuremberg tribunal; tribunals establish pursuant to Control Council Law number 10; the Tokyo tribunal; and the United Nations. Annexes contain tables regarding aggression by a State and individual responsibility for crimes against peace. The paper seeks to provide an objective, analytical overview of the history and major developments relating to aggression, both before and after the adoption of the UN Charter.
| Author | : Carrie McDougall |
| Publisher | : Cambridge University Press |
| Total Pages | : 415 |
| Release | : 2013-04-18 |
| Genre | : Law |
| ISBN | : 1107011094 |
An analysis of the crime of aggression amendments adopted under the International Criminal Court's Statute in 2010.
