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The United States Of America And The Crime Of Aggression
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Book Synopsis The United States of America and the Crime of Aggression by : Giulia Pecorella
Download or read book The United States of America and the Crime of Aggression written by Giulia Pecorella and published by Routledge. This book was released on 2021 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the position of the United States of America on aggression, beginning with the Declaration of Independence up to 2020, covering the four years of the Trump Administration. The decision of the Assembly of States Parties to the International Criminal Court to activate the Court's jurisdiction over the crime of aggression in 2018 has added further value to a book concerning the position and practice of one of the most influential states, a global military power and permanent member of the UN Security Council. Organized along chronological lines, the work examines whether, or to what extent, the US position has evolved over time. The book explores how the definition of the crime can impact upon the US, notwithstanding its failure to ratify the Rome Statute. It also shows that the US practice and opinio iuris about the law applicable to the use of force might influence, as it has done in the past, the law itself. The work will be a valuable guide for students, academics and professionals with an interest in International Criminal Law.
Book Synopsis The United States of America and the Crime of Aggression by : Giulia Pecorella
Download or read book The United States of America and the Crime of Aggression written by Giulia Pecorella and published by Routledge. This book was released on 2021-05-24 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the position of the United States of America on aggression, beginning with the Declaration of Independence up to 2020, covering the four years of the Trump Administration. The decision of the Assembly of States Parties to the International Criminal Court to activate the Court’s jurisdiction over the crime of aggression in 2018 has added further value to a book concerning the position and practice of one of the most influential states, a global military power and permanent member of the UN Security Council. Organized along chronological lines, the work examines whether, or to what extent, the US position has evolved over time. The book explores how the definition of the crime can impact upon the US, notwithstanding its failure to ratify the Rome Statute. It also shows that the US practice and opinio iuris about the law applicable to the use of force might influence, as it has done in the past, the law itself. The work will be a valuable guide for students, academics and professionals with an interest in International Criminal Law.
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 Crime of Aggression by : Noah Weisbord
Download or read book The Crime of Aggression written by Noah Weisbord and published by Princeton University Press. This book was released on 2019-06-11 with total page 272 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 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 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 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 206 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 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 334 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 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 Aggression and Crimes Against Peace by : Larry May
Download or read book Aggression and Crimes Against Peace written by Larry May and published by Cambridge University Press. This book was released on 2008-04-21 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Crime of Aggression, Humanity, and the Soldier by : Tom Dannenbaum
Download or read book The Crime of Aggression, Humanity, and the Soldier written by Tom Dannenbaum and published by . This book was released on 2018-05-10 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the moral and legal implications of the criminality of aggressive war for the soldiers who fight, kill and are killed.
Book Synopsis The International Criminal Court: Contemporary Challenges and Reform Proposals by : Richard H. Steinberg
Download or read book The International Criminal Court: Contemporary Challenges and Reform Proposals written by Richard H. Steinberg and published by BRILL. This book was released on 2020-07-20 with total page 394 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. Topics include: - Sexual and Gender-Based Violence: Obtaining Evidence - Outreach: Challenges Communicating with Victims, Witnesses, and Others - ICC State Party Withdrawals - Measuring the ICC’s Performance - The Crime of Aggression: Scope and Anticipated Difficulties - The Rome Statute at Twenty: Reform Proposals
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 Intersections of Law and Culture at the International Criminal Court by : Julie Fraser
Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Book Synopsis Aggression, Crime and International Security by : Page Wilson
Download or read book Aggression, Crime and International Security written by Page Wilson and published by Routledge. This book was released on 2009-04-07 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aggression, Crime and International Security examines the concept of aggression in international relations and how it has been dealt with by international law and collective security organisations. This book analyses the evolution of the concept of aggression in international relations from World War I to the post-Rome Statute era. It charts the emergence of two competing visions of this notion: on the one hand, as a triggering mechanism for collective security enforcement among states, and, on the other, as an international crime giving rise to individual responsibility. The author argues that despite certain contemporary international trends suggesting a shift away from traditional, state-centric power structures towards a more cosmopolitan, globalized polity, the history of the concept of aggression demonstrates just how far away this is in reality. By examining aggression in theory and practice at the League of Nations, the Nuremberg and Tokyo Trials, the United Nations, the conference establishing the Rome Statute, and beyond, the book reveals the recurring moral, political and legal challenges this concept poses - challenges which continue to be at the forefront of thinking about international relations today. This book will be of great interest to students of International Law, War Crimes, International Relations and Security Studies.
Book Synopsis The Travaux Préparatoires of the Crime of Aggression by : Stefan Barriga
Download or read book The Travaux Préparatoires of the Crime of Aggression written by Stefan Barriga and published by Cambridge University Press. This book was released on 2012 with total page 877 pages. Available in PDF, EPUB and Kindle. Book excerpt: Travaux Préparatoires of the 2010 amendments to the Rome Statute of the International Criminal Court on the crime of aggression.
Book Synopsis Crime and Culture in America by : Parviz Saney
Download or read book Crime and Culture in America written by Parviz Saney and published by Praeger. This book was released on 1986-11-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Saney cogently argues that in the absence of adequate support within social and legal norms, a heavy burden is placed upon the criminal justice system, a burden that it cannot carry. Criminal law and the courts fail to provide for either swiftness or certainty of punishment; police have failed to overcome the basic American distrust of authority to gain the comparable support enjoyed by police in other countries; and the penal system operates under contradictory goals, isolated from public view or support. The final chapter presents a succinct set of proposals for changing the justice system to one that would be humane and more just. Choice This thought-provoking study of the crime problem in America provides an in-depth look at the sociological forces that are dominant in today's society and examines the possible influence of certain contemporary values and perceptions on criminal activity, the quality of justice in the American courts, and the attitude of the general public. The author discusses the various factors that can affect or encourage criminal behavior and relates these directly to the way people feel and respond to the incidence of crime and its punishment, and to a growing lack of confidence in the criminal justice system. Crime in America is first presented in a factual context, followed by a discussion of its cultural influences, and finally with a consideration of its criminal law aspects.
