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.

Shocking the Conscience of Humanity

Shocking the Conscience of Humanity PDF

Author: Margaret M. deGuzman

Publisher: Oxford University Press, USA

Published: 2020-04-13

Total Pages: 241

ISBN-13: 0198786158

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The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.

Historical Review of Developments Relating to Aggression

Historical Review of Developments Relating to Aggression PDF

Author: United Nations

Publisher: United Nations Publications

Published: 2003

Total Pages: 460

ISBN-13:

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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.

War Crimes and Just War

War Crimes and Just War PDF

Author: Larry May

Publisher: Cambridge University Press

Published: 2007-02-12

Total Pages: 11

ISBN-13: 1139463144

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Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.

Genocide, War Crimes, and Crimes Against Humanity

Genocide, War Crimes, and Crimes Against Humanity PDF

Author: Jennifer Trahan

Publisher:

Published: 2004

Total Pages: 296

ISBN-13:

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This unique book organizes the decisions of the International Criminal Tribunal for the former Yugoslavia by topic, including genocide, crimes against humanity, war crimes, individual criminal responsibility, command responsibility, affirmative defenses, jurisdiction, sentencing, fair trial rights, guilty pleas and appellate review. In selected cases, the book also applies key aspects of the law to the facts of the case.

On Killing

On Killing PDF

Author: Dave Grossman

Publisher: Open Road Media

Published: 2014-04-01

Total Pages: 312

ISBN-13: 1497629209

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A controversial psychological examination of how soldiers’ willingness to kill has been encouraged and exploited to the detriment of contemporary civilian society. Psychologist and US Army Ranger Dave Grossman writes that the vast majority of soldiers are loath to pull the trigger in battle. Unfortunately, modern armies, using Pavlovian and operant conditioning, have developed sophisticated ways of overcoming this instinctive aversion. The mental cost for members of the military, as witnessed by the increase in post-traumatic stress, is devastating. The sociological cost for the rest of us is even worse: Contemporary civilian society, particularly the media, replicates the army’s conditioning techniques and, Grossman argues, is responsible for the rising rate of murder and violence, especially among the young. Drawing from interviews, personal accounts, and academic studies, On Killing is an important look at the techniques the military uses to overcome the powerful reluctance to kill, of how killing affects the soldier, and of the societal implications of escalating violence.

Reducing Genocide to Law

Reducing Genocide to Law PDF

Author: Payam Akhavan

Publisher: Cambridge University Press

Published: 2012-01-26

Total Pages: 211

ISBN-13: 0521824419

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Why is genocide the 'ultimate crime' and does this distinction make any difference in confronting evil?