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Author: Olaoluwa Olusanya
Publisher: Peter Lang Pub Incorporated
ISBN: 9780820480039
Category : Law
Languages : en
Pages : 211
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Book Description
This book deals with the identification of the aggressor state under International Law. This issue raises a deceptively easy question, that is, how does one distinguish the aggressor state from the victim state in situations involving the unilateral use of force? In a straightforward situation where state A attacks state B without any provocation, it is clear that state A is the aggressor. However, confusion begins to arise when state A first attacks state B as a form of 'anticipatory' self-defence; or when state A first attacks state B as a form of 'pre-emptive' self-defence; or when state A attacks state B in order to prevent state B from committing gross human rights atrocities against its own nationals. In all of these latter situations, the current rules are unclear and therefore either make it impossible to distinguish between the aggressor state and the victim state or give the aggressor state an unfair advantage over the victim state. This book utilizes general principles of Criminal Law in an attempt to tackle these questions and ultimately to devise a solution for distinguishing between the aggressor and the victim state regardless of the circumstances. Attention has also been given to the field of international relations.
Author: Olaoluwa Olusanya
Publisher: Peter Lang Pub Incorporated
ISBN: 9780820480039
Category : Law
Languages : en
Pages : 211
Get Book Here
Book Description
This book deals with the identification of the aggressor state under International Law. This issue raises a deceptively easy question, that is, how does one distinguish the aggressor state from the victim state in situations involving the unilateral use of force? In a straightforward situation where state A attacks state B without any provocation, it is clear that state A is the aggressor. However, confusion begins to arise when state A first attacks state B as a form of 'anticipatory' self-defence; or when state A first attacks state B as a form of 'pre-emptive' self-defence; or when state A attacks state B in order to prevent state B from committing gross human rights atrocities against its own nationals. In all of these latter situations, the current rules are unclear and therefore either make it impossible to distinguish between the aggressor state and the victim state or give the aggressor state an unfair advantage over the victim state. This book utilizes general principles of Criminal Law in an attempt to tackle these questions and ultimately to devise a solution for distinguishing between the aggressor and the victim state regardless of the circumstances. Attention has also been given to the field of international relations.
Author: Olaoluwa Olusanya
Publisher: Peter Lang
ISBN: 9783039107414
Category : History
Languages : en
Pages : 216
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Book Description
This book deals with the identification of the aggressor state under International Law. This issue raises a deceptively easy question, that is, how does one distinguish the aggressor state from the victim state in situations involving the unilateral use of force? In a straightforward situation where state A attacks state B without any provocation, it is clear that state A is the aggressor. However, confusion begins to arise when state A first attacks state B as a form of 'anticipatory' self-defence; or when state A first attacks state B as a form of 'pre-emptive' self-defence; or when state A attacks state B in order to prevent state B from committing gross human rights atrocities against its own nationals. In all of these latter situations, the current rules are unclear and therefore either make it impossible to distinguish between the aggressor state and the victim state or give the aggressor state an unfair advantage over the victim state. This book utilizes general principles of Criminal Law in an attempt to tackle these questions and ultimately to devise a solution for distinguishing between the aggressor and the victim state regardless of the circumstances. Attention has also been given to the field of international relations.
Author: Claus Kreß
Publisher: Cambridge University Press
ISBN: 1108107494
Category : Law
Languages : en
Pages :
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Book Description
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.
Author: Nicolas A. Nyiri
Publisher: Peter Lang Incorporated, International Academic Publishers
ISBN:
Category : Law
Languages : en
Pages : 428
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Book Description
The book offers a logical analysis of the United Nations' search for a generally acceptable definition of aggression. The book contends that a definition of a term or a concept is a preliminary statement subject to further assessments by judging the definition true or false, and by reasoning where the definition and the judgment are examined by inductive and deductive reasonsing. Until this is done, the Security Council cannot use the definition as it stands now and make binding decisions under Article 39 of the Charter with respect to the use of force in international politics.
Author: Ann Van Wynen Thomas
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 136
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Book Description
Author: Benjamin B. Ferencz
Publisher:
ISBN:
Category : Aggression (International law)
Languages : en
Pages : 688
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Book Description
Author: William Obiagwu
Publisher: GRIN Verlag
ISBN: 3346692612
Category : Law
Languages : en
Pages : 32
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Book Description
Seminar paper from the year 2021 in the subject Law - European and International Law, Intellectual Properties, grade: 1, University of Vienna, language: English, abstract: This seminar paper set out to assess the meaning of Aggression in the context of the UN Charter and the overlapping prohibition of the use of inter-state force in international relation. It is hoped that this research will contribute to a deeper understanding of the impact and legal consequences of the notion of aggression. The United Nations General Assembly’s consensus definition of Aggression, annexed to General Assembly Resolution 3314 on 14. December 1974, is at the heart of our present understanding of the concept of Aggression within the United Nation Charter and manifests a “legal standard for distinguishing legitimate from illegitimate action”1 in international relations. But since its adoption, the generic definition of Aggression has received considerable critical attention because of its ambiguities, inconsistencies, openness and conflicting interpretations. From this, the question arises if the long-lasting procedure of defining Aggression was useless as the consensus definition has not only not been fully integrated into the international legal system but also fails to deter future aggressors. In addition, much uncertainty exists about the conjunction between the consensus definition and the prohibition of the use of inter-state force.
Author: Carrie McDougall
Publisher: Cambridge University Press
ISBN: 1107011094
Category : Law
Languages : en
Pages : 415
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Book Description
An analysis of the crime of aggression amendments adopted under the International Criminal Court's Statute in 2010.
Author: United Nations
Publisher: United Nations Publications
ISBN:
Category : Law
Languages : en
Pages : 460
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Book Description
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.
Author: Aaron Joshua Thomas (Jr.)
Publisher:
ISBN:
Category : Aggression (International law)
Languages : en
Pages : 720
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Book Description
