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Criminal Responsibility For The Crime Of Aggression
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Book Synopsis Individual Criminal Liability for the International Crime of Aggression by : Gerhard Kemp
Download or read book Individual Criminal Liability for the International Crime of Aggression written by Gerhard Kemp and published by . This book was released on 2010 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a foreword by professor Christine Van den Wyngaert, Judge at the International Criminal Court. --Book Jacket.
Book Synopsis The Crime of Aggression in International Criminal Law by : Sergey Sayapin
Download or read book The Crime of Aggression in International Criminal Law written by Sergey Sayapin and published by Springer Science & Business Media. This book was released on 2014-01-10 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Crime of Aggression by : Claus Kreß
Download or read book The Crime of Aggression written by Claus Kreß and published by Cambridge University Press. This book was released on 2016-10-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes by : Laura Ausserladscheider Jonas
Download or read book Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes written by Laura Ausserladscheider Jonas and published by BRILL. This book was released on 2021-12-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Book Synopsis The Crime of Aggression Under the Rome Statute of the International Criminal Court by : Carrie McDougall
Download or read book The Crime of Aggression Under the Rome Statute of the International Criminal Court written by Carrie McDougall and published by Cambridge University Press. This book was released on 2013-04-18 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the crime of aggression amendments adopted under the International Criminal Court's Statute in 2010.
Book Synopsis Criminal Responsibility for the Crime of Aggression by : Patrycja Grzebyk
Download or read book Criminal Responsibility for the Crime of Aggression written by Patrycja Grzebyk and published by Routledge. This book was released on 2013-10-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Nuremberg trial, the crime of aggression has been considered one of the gravest international crimes. However, since the 1940s no defendants have been charged with this crime, with some states actively opposing the notion of punishing aggression. The option of trying an individual for aggression is expressly included in the statute of the International Criminal Court. In 2010 the Assembly of States Parties adopted a definition of the crime of aggression and conditions of the exercise of jurisdiction over this crime by the Court. The Assembly also agreed that the decision on including the crime of aggression within the Court’s jurisdiction would be made in 2017 at the earliest. It is still internationally debatable whether the criminalisation of aggression is an outcome to strive for, or whether its abandonment is more preferable. In Criminal Responsibility for the Crime of Aggression, Patrycja Grzebyk explores the scope of criminal responsibility of individuals for crimes of aggression and asks why those responsible for aggression are not brought to justice. The book first works to identify the legal norms that define and delegalise aggression, before moving to determine the basis and scope for the criminalisation of aggression. The book then goes on to identify the key risks and difficulties inherent in trials for aggression. Following a string of awards in Poland, including the Manfred Lachs Prize for the best first book on public international law, this cutting investigation of aggression is now deservedly made available to the wider world. In its extensive analysis of international trials on aggression, and its synthesis of legal, political and historical rhetoric, this book offers broad and striking insight into the criminal responsibility of individuals on a world stage.
Book Synopsis The International Criminal Court and the Crime of Aggression by : Mauro Politi
Download or read book The International Criminal Court and the Crime of Aggression written by Mauro Politi and published by Routledge. This book was released on 2017-09-29 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rethinking the Crime of Aggression by : Stefanie Bock
Download or read book Rethinking the Crime of Aggression written by Stefanie Bock and published by Springer Nature. This book was released on 2021-09-20 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Justice in Conflict by : Mark Kersten
Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Book Synopsis The International Criminal Court by : Richard H. Steinberg
Download or read book The International Criminal Court written by Richard H. Steinberg and published by . This book was released on 2020 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court: Contemporary Challenges and Reform Proposals is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court.
Book Synopsis The Crime of Aggression by : Noah Weisbord
Download or read book The Crime of Aggression written by Noah Weisbord and published by . This book was released on 2025-06-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A gripping behind-the-scenes account of the dramatic legal fight to hold leaders personally responsible for aggressive war On July 17, 2018, starting an unjust war became a prosecutable international crime alongside genocide, crimes against humanity, and war crimes. Instead of collective state responsibility, our leaders are now personally subject to indictment for crimes of aggression, from invasions and preemptions to drone strikes and cyberattacks. The Crime of Aggression is Noah Weisbord's riveting insider's account of the high-stakes legal fight to enact this historic legislation and hold politicians accountable for the wars they start. Weisbord, a key drafter of the law for the International Criminal Court, takes readers behind the scenes of one of the most consequential legal dramas in modern international diplomacy. Drawing on in-depth interviews and his own invaluable insights, he sheds critical light on the motivations of the prosecutors, diplomats, and military strategists who championed the fledgling prohibition on unjust war--and those who tried to sink it. He untangles the complex history behind the measure, tracing how the crime of aggression was born at the Nuremberg trials only to fall dormant during the Cold War, and he draws lessons from such pivotal events as the collapse of the League of Nations, the rise of the United Nations, September 11, and the war on terror. The power to try leaders for unjust war holds untold promise for the international order, but also great risk. In this incisive and vitally important book, Weisbord explains how judges in such cases can balance the imperatives of justice and peace, and how the fair prosecution of aggression can humanize modern statecraft.
Book Synopsis The International Criminal Responsibility of War's Funders and Profiteers by : Nina H. B. Jørgensen
Download or read book The International Criminal Responsibility of War's Funders and Profiteers written by Nina H. B. Jørgensen and published by Cambridge University Press. This book was released on 2020-09-17 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.
Book Synopsis Modes of Liability in International Criminal Law by : Marjolein Cupido
Download or read book Modes of Liability in International Criminal Law written by Marjolein Cupido and published by Cambridge University Press. This book was released on 2019-07-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Book Synopsis Historical Review of Developments Relating to Aggression by : United Nations
Download or read book Historical Review of Developments Relating to Aggression written by United Nations and published by United Nations Publications. This book was released on 2003 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Individual Criminal Responsibility in International Law by : E. van Sliedregt
Download or read book Individual Criminal Responsibility in International Law written by E. van Sliedregt and published by Oxford University Press. This book was released on 2012-03 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover, those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.
Book Synopsis Mens Rea at the International Criminal Court by : Geert-Jan Alexander Knoops
Download or read book Mens Rea at the International Criminal Court written by Geert-Jan Alexander Knoops and published by BRILL. This book was released on 2016-11-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume offers an overview of all aspects of mens rea that may surface before the International Criminal Court (ICC). The book commences with an introduction of the concept of mens rea and controversies concerning this concept before national courts and ad hoc tribunals. This is followed by an examination of the definitional elements of mens rea at the ad hoc tribunals. The mens rea requirements for the specific liability modes applied at the ad hoc tribunals will be examined. Subsequently, definitional aspects of mens rea at the ICC will be discussed, and in particular the mens rea requirements for the specific liability modes as provided for in the Rome Statute. Separate chapters will address the mens rea requirements for the crimes listed in the Rome Statute: war crimes, genocide, crimes against humanity and the crime of aggression, respectively. An analysis of customary international law or the standards promulgated by the ad hoc tribunals will be used as examples where the ICC case law is scarce. A specific chapter will be devoted to mens rea requirements for political speeches. In some cases, certain speeches have been said to be catalysts of international crimes. Therefore, it is relevant to examine how the accused’s intent was construed. The book will conclude with mens rea defenses in international criminal law, which will be specifically applied to the defenses listed in the Rome Statute.
Book Synopsis International 'Criminal' Responsibility by : Ottavio Quirico
Download or read book International 'Criminal' Responsibility written by Ottavio Quirico and published by Routledge. This book was released on 2021-12-13 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book sheds light on the relationship between the responsibility of individuals and States for major offences, via a systemic investigation. The analysis provides a critical perspective on core mechanisms of the international legal system, addressing the regulation of crucial problems such as war, genocide and terrorism.
