Rethinking the Crime of Aggression

Rethinking the Crime of Aggression PDF

Author: Stefanie Bock

Publisher: Springer Nature

Published: 2021-09-20

Total Pages: 296

ISBN-13: 9462654670

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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.

The Crime of Aggression

The Crime of Aggression PDF

Author: Claus Kreß

Publisher: Cambridge University Press

Published: 2016-10-27

Total Pages:

ISBN-13: 1108107494

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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.

The Oxford Handbook of International Criminal Law

The Oxford Handbook of International Criminal Law PDF

Author: Darryl Robinson

Publisher: Oxford University Press

Published: 2020-02-24

Total Pages: 896

ISBN-13: 0192558889

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In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

Rethinking International Criminal Law

Rethinking International Criminal Law PDF

Author: Olaoluwa Olusanya

Publisher: ISBS

Published: 2007

Total Pages: 232

ISBN-13: 9789076871752

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After a long period of relative stagnation, substantive international criminal law has been invigorated primarily by the activities of the International Criminal Tribunals for the former Yugoslavia and Rwanda. Both ad hoc tribunals have made immense advancements to this area of international criminal law by, for instance, laying down detailed rules on what constitutes culpable conduct and when responsibility should be attributed for the conduct of others. These important advances notwithstanding, much remains in flux. The elements of the core international crimes are still subject to controversy. Theories of individual criminal responsibility, such as command responsibility and joint criminal enterprise, are highly controversial. There is as yet no knowledge of how international offenses should be graded according to different levels and degrees of culpability and harm. This book brings together a team of researchers and practitioners from the field of international criminal law, concerned with a new international agenda of refining substantive international criminal law. The diverse topics examined include the superior orders defense, the mental element, the defense of mistake, command responsibility, the crime of aggression, and the principle of legality.

The International Criminal Court and the Crime of Aggression

The International Criminal Court and the Crime of Aggression PDF

Author: Mauro Politi

Publisher: Routledge

Published: 2017-09-29

Total Pages: 206

ISBN-13: 1351218298

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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.

The Limits of Blame

The Limits of Blame PDF

Author: Erin I. Kelly

Publisher: Harvard University Press

Published: 2018-11-12

Total Pages: 241

ISBN-13: 0674980778

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Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.

Rethinking Violence against Women

Rethinking Violence against Women PDF

Author: Rebecca Emerson Dobash

Publisher: SAGE Publications

Published: 1998-09-11

Total Pages: 289

ISBN-13: 1452250553

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Based on a series of international workshops sponsored by the Harry Frank Guggenheim Foundations, this cutting-edge volume advances theories, methodologies, and policy analyses relating to various forms of violence against women. Under the skillful editorship of Rebecca Emerson and Russell P. Dobash, Rethinking Violence Against Women is the joint effort of recognized anthropologists, psychologists, philosophers, sociologists, and historians in the field. Divided in three parts, this text takes a comprehensive examination of the following topics: +

War, Torture and Terrorism

War, Torture and Terrorism PDF

Author: Anthony F. Lang, Jr.

Publisher: Routledge

Published: 2008-10-27

Total Pages: 277

ISBN-13: 1134038674

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This book seeks to demonstrate how rules not only guide a variety of practices within international politics but also contribute to the chaos and tension on the part of agents in light of the structures they sustain. Four central themes- practice, legitimacy, regulation, and responsibility- reflect different dimensions of a rule governed political order. The volume does not provide a single new set of rules for governing an increasingly chaotic international system. Instead, it provides reflections upon the way in which rules can and cannot deal with practices of violence. While many assume that "obeying the rules" will bring more peaceful outcomes, the chapters in this volume demonstrate that this may occur in some cases, but more often than not the very nature of a rule governed order will create tensions and stresses that require a constant attention to underlying political dynamics. This wide-ranging volume will be of great interest to students of International Law, International Security and IR theory.