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
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
This book discusses legislative approaches to the criminalization of aggression at the national level. Analyzes current international legal regulation of the use of force and the Rome Statute´s substantive and procedural provisions after 1 January 2017.
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: Cambridge studies in international and comparative law, 155
After the crime of aggression was adopted under the Rome Statute of the International Criminal Court, Carrie McDougall used her intimate involvement in the crime's negotiations, combined with extensive scholarly reflection to produce the first and most comprehensive academic study. This updated second edition offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the provisions governing the ICC's exercise of jurisdiction over the crime. It explores the desirability of holding individuals to account for unlawful uses of inter-State armed force, the geo-political significance of the crime and a range of practical issues likely to arise in prosecutions before both the ICC and domestic courts. This book is highly relevant to all academics and practitioners interested in the crime of aggression, as well as broader issues relating to the prohibition of the use of force, international criminal law and the ICC.