Aggression and international law
In: International affairs: a Russian journal of world politics, diplomacy and international relations, S. 38-46
ISSN: 0130-9641
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In: International affairs: a Russian journal of world politics, diplomacy and international relations, S. 38-46
ISSN: 0130-9641
In: International affairs: a Russian journal of world politics, diplomacy and international relations, S. 43-48
ISSN: 0130-9641
In: International social science journal: ISSJ, Band 23, Heft 1, S. 68-78
ISSN: 0020-8701
3 major spheres in which aggression develops are discerned: individual; within the context of a nat'l or state community; & as an instrument of foreign policy. This classification is based on quantitative factors-the scale of the aggression & the number of individuals involved in it. Modern theories on the origin of armed aggression as an instrument of foreign policy are summarized. The following Sch's of thought are noted: those ascribing internat'l aggression to biological factors (this is seen as a highly dangerous approach); those situated on the boundary between biology & geopol (theories referring to the impact of the pop explosion; these are considered inaccurate); those theories which hold diff levels of ED responsible for aggression; & a number of geopol'al theories as well as sociol'al theories. All these main groups seem to suffer from a one-sided approach to the problem, giving prominence to one or the other particular factor & Ignoring or underestimating the complex soc, econ, & pol'al factors in their interrelationship with each other. Analysis of the evidence shows that org'ed aggression as an instrument of foreign policy occurs at a specific stage in the evolution of mankind, with the rise of private ownership of production & the existence of mutually antagonistic classes & states. The term 'aggression' cannot properly be used in the case of primitive communities, where conflicts between individuals, clans, tribes or groups of tribes did not necessarily stem from the existing soc order & production system. A review of history shows that aggression has differed in character at diff stages of cultural development. Aggression can only be fully eradicated from human experience if its cause, societies with antagonistic classes, becomes a thing of the past. But it can be averted even in circumstances where states with diff soc systems coexist, if equality of rights, mutual understanding & trust between the states, & non-interference in domestic affairs are accepted. M. Maxfield.
In: Voennaja mysl': voenno-teoretičeskij žurnal ; organ Ministerstva Oborony Rossijskoj Federacii, Band 22, Heft 4, S. 1-11
ISSN: 0236-2058
In: American journal of international law, Band 50, S. 514-532
ISSN: 0002-9300
In: International affairs: a Russian journal of world politics, diplomacy and international relations, Heft 8, S. 38-46
ISSN: 0130-9641
World Affairs Online
In: Crime of aggression library
Volume 1.Foreword / Christian Wenaweser and Zeid Ra'ad Zeid Al-Hussein -- Introduction : the crime of aggression and the international legal order / Claus Kress -- World War I, Wilhelm II and Article 227 : the origin of the idea of 'aggression' in international criminal law / Kirsten Sellars -- The crimes against peace precedent / Carrie McDougall -- The legacy of the Tokyo dissents on 'crimes against peace' / Kirsten Sellars -- The general assembly's definition of the act of aggression / Thomas Bruha -- The practice of the Security Council regarding the concept of aggression / Nicolaos Strapatsas -- The International Court of Justice and the concept of aggression / Dapo Akande and Antonios Tzanakopoulos -- The International Law Commission's work on aggression / James Crawford -- Negotiations on the Rome statute (1995-1998) / Roger S. Clark -- Just war theory and the crime of aggression / Larry May -- The modern doctrinal debate on the crime of aggression / Florian Jessberger -- The specificity of the crime of aggression / Astrid Reisinger Coracini and Pal Wrange -- Aggression and international human rights law / William Schabas -- Interpreting the crime of aggression / Leena Grover -- The state conduct element / Claus Kress -- Individual conduct / Roger S. Clark -- General principles of international criminal law / Roger S. Clark -- Entry into force and conditions for the exercise of jurisdiction : cross-cutting issues / Stefan Barriga and Niels Blokker -- Conditions for the exercise of jurisdiction based on security council referrals / Niels Blokker and Stefan Barriga -- Conditions for the exercise of jurisdiction based on state referrals and proprio motu investigations / Stefan Barriga and Niels Blokker -- Immunities / Helmut Kreicker -- The crime of aggression, domestic prosecutions and complementarity / Pal Wrange -- The judicial function of the pre-trial division / Eleni Chaitidou, Franziska Eckelmans and Barbara Roche -- Victims of the crime of aggression / Erin Pobjie -- Croatia / Ksenija Turkovic and Maja Munivrana Vajda -- Germany / Elisa Hoven -- Estonia / Andres Parmas -- Russia / Svetlana Glotova -- United kingdom / Roger O' Keefe -- Volume 2. The Arab world / Mohamed M. El Zeidy -- Asia / Nina H. B. Jorgensen -- (Extended) synopsis : the crime of aggression under domestic criminal law / Astrid Reisinger Coracini -- Selected national laws and regional instruments on the crime of aggression -- Brazil / Marcel Biato and Marcelo Bohlke -- China / Zhou Lulu -- France / Edwige Belliard -- Germany / Susanne Wasum-Rainer -- India / Narinder Singh -- Iran / Djamchid Momtaz and Esmaeil Baghaei Hamaneh -- Israel / Roy Schondorf and Daniel Geron -- Japan / Ichiro Komatsu -- Republic of Korea (South Korea) / Young Sok Kim -- Norway / Rolf Einar Fife -- Russia / Gennady Kuzmin and Igor Panin -- South africa / Andre Stemmet -- United Kingdom / Christopher Whomersley -- United States / Harold Hongju Koh and Todd F. Buchwald -- Egypt / Namira Negm -- Civil society / Noah Weisbord -- A trap to the innocent / Martti Koskenniemi -- Unjust war and the crime of aggression / Jeff McMahan -- What is the specific evil of aggression? / Frederic Megret -- The crime of bootstrapping / Jens David Ohlin -- Amending the crime of aggression under the Rome statute / David Scheffer -- Epilogue. The long journey to Kampala : a personal memoir / Benjamin B. Ferencz
Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Participants -- Editors' Preface -- The Crime of Aggression from Nuremberg to the Rome Statute -- 1. The Historical Background -- 2. Origins of the Criminalization of Aggression: How Crimes Against Peace Became the "Supreme International Crime" -- 3. Will Aggressors Ever be Tried Before the ICC? -- 4. The Debate within the Preparatory Commission for the International Criminal Court -- The International Criminal Court and the Crime of Aggression: Questions of Definition and Jurisdiction -- 5. The Definition of the Crime of Aggression and the ICC Jurisdiction over that Crime -- 6. Aggression and the ICC: Views on Certain Ideas and their Potential for a Solution -- 7. Defining the Crime of Aggression or Redefining Aggression? -- 8. Definition of the Crime of Aggression: State Responsibility or Individual Criminal Responsibility? -- 9. The Crime of Aggression: Definitional Options for the Way Forward -- 10. The Exercise of the International Criminal Court's Jurisdiction over the Crime of Aggression: Short Term and Long Term Prospects -- The Crime of Aggression and the Relationship between the International Criminal Court and the Security Council -- 11. The Respective Roles of the ICC and the Security Council in Determining the Existence of an Aggression -- 12. Reflections on the Role of the Security Council in Determining an Act of Aggression -- 13. The ICC and the Security Council on Aggression: Overlapping Competencies? -- 14. The ICC and the Security Council: About the Argument of Politicization -- 15. Conclusions Générales -- Afterword The International Criminal Court and the Crime of Aggression: From the Preparatory Commission to the Assembly of States Parties and Beyond -- 16. An Outsider's View -- 17. An Insider's View -- Index.
In: The Department of State bulletin: the official weekly record of United States Foreign Policy, Band 37, S. 890-894
ISSN: 0041-7610
War, Aggression and Self-Defence is an indispensable guide to international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement measures taken under the aegis of a binding decision of the Security Council. This new and fully updated 6th edition focuses on the key issues at the forefront of the contemporary international legal debate, as well as analysing the new armed conflicts in Syria, Ukraine and Georgia, re-examining the Kampala amendments on the crime of aggression and considering the phenomenon of 'robust' mandates of a peacekeeping force. Suitable for graduate and advanced undergraduate students, this market-leading book offers a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.
In: Modern age: a quarterly review, Band 11, S. 374-380
ISSN: 0026-7457
In: American journal of international law, Band 71, S. 224-246
ISSN: 0002-9300
In: Journal of liberty and international affairs, Band 6, Heft 1, S. 48-69
ISSN: 1857-9760
The paper focuses on the analysis of the problem of defining the crime of aggression in the international law and international relations, focusing primarily on the historical development of the term from its initial directed efforts, all the way to its modern outcomes. Observing in a historical manner, the establishment of the definition of the crime of aggression, as well as its aligning under criminal offenses has encountered several obstacles which resulted in a continuous delay of clear defining what exactly would the crime of aggression encompass. In order to fully understand the matter, the importance of several international documents is undeniable, especially the Charter of the United Nations as well as the Rome Statute of the International Criminal Court.