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The Travaux Préparatoires of the Crime of Aggression contains a complete documentation of the fifteen years of negotiations which led up to the historic adoption of the amendments to the Rome Statute of the International Criminal Court at the 2010 Review Conference in Kampala. Arranged chronologically, it includes all relevant official Chairman's drafts, non-papers, country proposals, meeting reports and summary records, as well as selected unpublished materials and transcripts from the dramatic negotiations at the Review Conference. Three introductory articles, each written from the perspective of an insider, put the Kampala compromise into context and explore the amendments on the crime of aggression, their negotiation history and the intentions of the drafters.
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This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.
Self-defense (International law) --- Aggression (International law) --- International law --- Law --- General and Others
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A companion volume to the author's seminal textbook War, Aggression and Self-Defence, Third Edition, Cambridge (2001), this book focuses on issues arising in the course of hostilities between States, with an emphasis on the most recent conflicts in Iraq and Afghanistan. The main themes considered by Yoram Dinstein are lawful and unlawful combatants, war crimes, including command responsibility and defences, prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. Numerous specific topics that have attracted much interest in recent hostilities are addressed, such as human shields, feigned surrenders, collateral damage and proportionality, belligerent reprisals and weapons of mass destruction.
War (International law) --- Aggression (International law) --- International law --- Hostilities --- Neutrality --- Law --- General and Others
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Aggression (International law) --- War (International law) --- War crimes. --- Crimes against humanity. --- Crime --- International crimes --- Genocide --- War crimes --- Hostilities --- International law --- Neutrality --- United States --- Foreign relations --- Aggression (International law). --- War (International law).
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Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.
Ultimatums (International relations) --- Aggression (International law) --- Crimes against peace. --- Incitement to war --- Peace, Crimes against --- War, Incitement to --- War propaganda --- Crime --- Peace --- International law --- Ultimatums --- International relations --- 820 Internationale betrekkingen --- 821.4 Internationale rechtspraak --- Aggression (International law). --- Ultimatums (International relations). --- Ultimatums. --- Aggression (International law ) --- Law --- General and Others
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In this book, eleven leading theorists debate the normative challenges of preventive war through the lens of important public and political issues of war and peace in the twenty-first century. Their discussion covers complex and topical subjects including terrorism, the 'Bush doctrine' and the invasion of Iraq, Iran's nuclear capabilities, superpower unilateralism and international war tribunals. They examine the moral conundrum of preventive intervention and emphasize the need for a stronger and more effective international legal and political order and a corresponding re-evaluation of the normative status of international law. Together their essays form a challenging and timely volume that will be of interest to scholars in ethics and political philosophy, political theory, international relations, international law and peace studies and to general readers interested in the broader issues of peace and justice in the new world order.
Aggression (International law) --- Just war doctrine --- Self-defense (International law) --- Preventive war --- Just war doctrine. --- Aggression (International law). --- Self-defense (International law). --- Preventive war. --- International law --- Jus ad bellum --- War --- War (Philosophy) --- Moral and ethical aspects --- Religious aspects --- Arts and Humanities --- Philosophy
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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.
Aggression (International law) --- Crimes against humanity --- Criminal intent --- International criminal courts --- Crimes against humanity. --- Criminal intent. --- International criminal courts. --- Aggression (International law). --- Criminal courts --- International courts --- Complementarity (International law) --- Dolus (Criminal law) --- Intent, Criminal --- Mens rea --- Guilt (Law) --- Crime --- International crimes --- Genocide --- War crimes --- International law --- Law and legislation --- Arts and Humanities --- Philosophy
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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.
Crimes against peace --- Aggression (International law) --- International criminal law --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Incitement to war --- Peace, Crimes against --- War, Incitement to --- War propaganda --- Crime --- Peace --- History. --- Law --- General and Others --- Crimes against peace - History --- Aggression (International law) - History --- International criminal law - History
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Examining whether a soldier can be held responsible for fighting in a war that is illegal or unjust, the chapters in the book both challenge and defend many deeply held assumptions - about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, and more.
War. --- War --- Terrorism --- War (International law) --- Aggression (International law) --- Soldiers --- International law --- Hostilities --- Neutrality --- War and morals --- Armed conflict (War) --- Conflict, Armed (War) --- Fighting --- Wars --- International relations --- Military art and science --- Peace --- Moral and ethical aspects. --- Legal status, laws, etc.
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One might ask why the Soviet Union so adamantly promoted the definition of aggression and aggressive war while, as many have noted, conducting military actions that appeared to violate the very definition they espoused in international treaties and conventions. Lawfare: Use of the Definition of Aggressive War by the Soviet and Russian Governments demonstrates that through the use of treaties the Soviet Union and Russian Federation practiced a program of "lawfare" long before the term became k...
Aggression (International law) --- War (International law) --- International law --- Law of nations --- Nations, Law of --- Public international law --- Law --- Hostilities --- Neutrality --- Soviet Union --- Russia (Federation) --- Foreign relations. --- Military policy. --- Foreign relations
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