Identifying the Aggressor Under International Law

Identifying the Aggressor Under International Law

Author: Olaoluwa Olusanya

Publisher: Peter Lang Pub Incorporated

Published: 2006-01-01

Total Pages: 211

ISBN-13: 9780820480039

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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.


Book Synopsis Identifying the Aggressor Under International Law by : Olaoluwa Olusanya

Download or read book Identifying the Aggressor Under International Law written by Olaoluwa Olusanya and published by Peter Lang Pub Incorporated. This book was released on 2006-01-01 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Identifying the Aggressor Under International Law

Identifying the Aggressor Under International Law

Author: Olaoluwa Olusanya

Publisher: Peter Lang

Published: 2006

Total Pages: 216

ISBN-13: 9783039107414

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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.


Book Synopsis Identifying the Aggressor Under International Law by : Olaoluwa Olusanya

Download or read book Identifying the Aggressor Under International Law written by Olaoluwa Olusanya and published by Peter Lang. This book was released on 2006 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Crime of Aggression

The Crime of Aggression

Author: Claus Kreß

Publisher: Cambridge University Press

Published: 2016-10-27

Total Pages:

ISBN-13: 1108107494

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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 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.

The Notion of "Aggression" in the Context of the UN Charter. General Assembly Resolution XXIX

The Notion of

Author: William Obiagwu

Publisher: GRIN Verlag

Published: 2022-08-10

Total Pages: 32

ISBN-13: 3346692612

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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.


Book Synopsis The Notion of "Aggression" in the Context of the UN Charter. General Assembly Resolution XXIX by : William Obiagwu

Download or read book The Notion of "Aggression" in the Context of the UN Charter. General Assembly Resolution XXIX written by William Obiagwu and published by GRIN Verlag. This book was released on 2022-08-10 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Historical Review of Developments Relating to Aggression

Historical Review of Developments Relating to Aggression

Author: United Nations

Publisher: United Nations Publications

Published: 2003

Total Pages: 460

ISBN-13:

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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 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.

The United Nations' Search for a Definition of Aggression

The United Nations' Search for a Definition of Aggression

Author: Nicolas A. Nyiri

Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften

Published: 1989

Total Pages: 428

ISBN-13:

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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.


Book Synopsis The United Nations' Search for a Definition of Aggression by : Nicolas A. Nyiri

Download or read book The United Nations' Search for a Definition of Aggression written by Nicolas A. Nyiri and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 1989 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Crime of Aggression in International Criminal Law

The Crime of Aggression in International Criminal Law

Author: Sergey Sayapin

Publisher: Springer Science & Business Media

Published: 2014-01-10

Total Pages: 354

ISBN-13: 9067049271

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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 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.

Self-defence in International Law

Self-defence in International Law

Author: D. W. Bowett

Publisher: The Lawbook Exchange, Ltd.

Published: 2009

Total Pages: 310

ISBN-13: 1584778555

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Self-defense and the right to go to war. Originally published: New York: Praeger, [1958]. xv, 294 pp. Bowett observes that the use or threat of force by any state can be a delict, an approved sanction, or a measure taken in self-defense. He examines the evolution of self-defense doctrine in the nineteenth and early-twentieth centuries, with the assumption of the existence of a state's unlimited 'right' to go to war. He then attempts to outline the limited and provisional effects of this right under the U.N. Charter. This book was written after Bowett's term as a United Nations legal officer from 1957-1959. "Throughout the work there is a refusal to dogmatize or to state in absolute terms any aspect of the 'privilege' of self-defence in its present context. (...) [Bowett] is to be congratulated on producing a timely and scholarly survey of one of the most fundamental, and often abused, sovereign rights known to international law." --K.R. Simmonds, British Year Book of International Law 34 (1958) 432. SIR DEREK WILLIAM BOWETT [1927-2009], an international lawyer, was President of Queens' College, Cambridge from 1969-1982 and Whewell Professor of International Law, Cambridge, from 1981-1991. He was awarded a CBE in 1983 and a knighthood in 1998. He is the author of The Law of International Institutions (1963), United Nations Forces: A Legal Study (1964), The Law of the Sea (1967), The Search for Peace (1972) and The International Court of Justice (1996).


Book Synopsis Self-defence in International Law by : D. W. Bowett

Download or read book Self-defence in International Law written by D. W. Bowett and published by The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-defense and the right to go to war. Originally published: New York: Praeger, [1958]. xv, 294 pp. Bowett observes that the use or threat of force by any state can be a delict, an approved sanction, or a measure taken in self-defense. He examines the evolution of self-defense doctrine in the nineteenth and early-twentieth centuries, with the assumption of the existence of a state's unlimited 'right' to go to war. He then attempts to outline the limited and provisional effects of this right under the U.N. Charter. This book was written after Bowett's term as a United Nations legal officer from 1957-1959. "Throughout the work there is a refusal to dogmatize or to state in absolute terms any aspect of the 'privilege' of self-defence in its present context. (...) [Bowett] is to be congratulated on producing a timely and scholarly survey of one of the most fundamental, and often abused, sovereign rights known to international law." --K.R. Simmonds, British Year Book of International Law 34 (1958) 432. SIR DEREK WILLIAM BOWETT [1927-2009], an international lawyer, was President of Queens' College, Cambridge from 1969-1982 and Whewell Professor of International Law, Cambridge, from 1981-1991. He was awarded a CBE in 1983 and a knighthood in 1998. He is the author of The Law of International Institutions (1963), United Nations Forces: A Legal Study (1964), The Law of the Sea (1967), The Search for Peace (1972) and The International Court of Justice (1996).

Defining International Aggression, the Search for World Peace

Defining International Aggression, the Search for World Peace

Author: Benjamin B. Ferencz

Publisher:

Published: 1975

Total Pages: 688

ISBN-13:

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Book Synopsis Defining International Aggression, the Search for World Peace by : Benjamin B. Ferencz

Download or read book Defining International Aggression, the Search for World Peace written by Benjamin B. Ferencz and published by . This book was released on 1975 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Collective Security Under International Law

Collective Security Under International Law

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

Published: 2001

Total Pages: 284

ISBN-13: 1584771445

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Washington, D.C.: United States Government Printing Office, 1957. vi, 275 pp. Reprinted 2001, 2011. The noted jurist Hans Kelsen advances his theory that collective security is "...an essential function of law, national as well as international, and that, therefore, there exists an intrinsic connection between international security and international law; in other terms, that collective security of the state is, just as collective security of the individual within the state, by its very nature a legal problem." Foreword p. ii. "Professor Kelsen's high standing as a scholar is sufficient to commend in advance any volume that comes from his pen. But in this case he has chosen a subject that will at once challenge attention. The main function of the volume, in the words of the author, 'is to show that collective security is an essential function of law,' that it is 'by its very nature a legal problem.' A generation ago there were many in high places to contest the thesis. Today the bitter lesson of two world wars has established the principle for practical purposes, in spite of the difficulty of putting it into practice. But the legal aspects of the thesis remain to be clarified, and this is what Professor Kelsen does with all his power of legal analysis and systematic presentation. (...) [We] must be grateful for what we are given, an acute analysis of a fundamental principle, the applications of which we can make from our own knowledge of recent history." --C. G. Fenwick, American Journal of International Law 52 (1958) 811.


Book Synopsis Collective Security Under International Law by : Hans Kelsen

Download or read book Collective Security Under International Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Washington, D.C.: United States Government Printing Office, 1957. vi, 275 pp. Reprinted 2001, 2011. The noted jurist Hans Kelsen advances his theory that collective security is "...an essential function of law, national as well as international, and that, therefore, there exists an intrinsic connection between international security and international law; in other terms, that collective security of the state is, just as collective security of the individual within the state, by its very nature a legal problem." Foreword p. ii. "Professor Kelsen's high standing as a scholar is sufficient to commend in advance any volume that comes from his pen. But in this case he has chosen a subject that will at once challenge attention. The main function of the volume, in the words of the author, 'is to show that collective security is an essential function of law,' that it is 'by its very nature a legal problem.' A generation ago there were many in high places to contest the thesis. Today the bitter lesson of two world wars has established the principle for practical purposes, in spite of the difficulty of putting it into practice. But the legal aspects of the thesis remain to be clarified, and this is what Professor Kelsen does with all his power of legal analysis and systematic presentation. (...) [We] must be grateful for what we are given, an acute analysis of a fundamental principle, the applications of which we can make from our own knowledge of recent history." --C. G. Fenwick, American Journal of International Law 52 (1958) 811.