The Crime of Aggression, Humanity, and the Soldier PDF Download

Author: Tom Dannenbaum
Publisher:
ISBN: 1107169186
Category : Law
Languages : en
Pages : 381

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Book Description
Explores the moral and legal implications of the criminality of aggressive war for the soldiers who fight, kill and are killed.

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: Margaret M. deGuzman
Publisher: Oxford University Press, USA
ISBN: 0198786158
Category : Law
Languages : en
Pages : 241

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Book Description
The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.

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: Larry May
Publisher: Cambridge University Press
ISBN: 1139463144
Category : Philosophy
Languages : en
Pages : 11

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Book Description
Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.

Author: Carrie McDougall
Publisher: Cambridge University Press
ISBN: 110848820X
Category : Law
Languages : en
Pages : 497

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Book Description
This edition provides a comprehensively updated guide to the crime of aggression under the Statute of the International Criminal Court.

Author: Jennifer Trahan
Publisher:
ISBN:
Category : Crimes against humanity
Languages : en
Pages : 296

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Book Description
This unique book organizes the decisions of the International Criminal Tribunal for the former Yugoslavia by topic, including genocide, crimes against humanity, war crimes, individual criminal responsibility, command responsibility, affirmative defenses, jurisdiction, sentencing, fair trial rights, guilty pleas and appellate review. In selected cases, the book also applies key aspects of the law to the facts of the case.

Author: Eric Jaffe
Publisher: Simon and Schuster
ISBN: 1451612052
Category : Biography & Autobiography
Languages : en
Pages : 320

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Book Description
Beyond 'all vestiges of doubt,' concluded a classified American intelligence report, 'Okawa moved in the best circles of nationalist intrigue.' Okawa's guilt as a conspirator appeared straightforward. But on the first day of the Tokyo trial, he made headlines around the world by slapping star defendant and wartime prime minister Tojo Hideki on the head. Had Okawa lost his sanity? Or was he faking madness to avoid a grim punishment? A U.S. Army psychiatrist stationed in occupied Japan, Major Daniel Jaffe--the author's grandfather--was assigned to determine Okawa's ability to stand trial, and thus his fate. Jaffe was no stranger to madness. He had seen it his whole life: in his mother, as a boy in Brooklyn; in soldiers, on the battlefields of Europe. Now his seasoned eye faced the ultimate test. If Jaffe deemed Okawa sane, the war crimes suspect might be hanged.

Author: Dave Grossman
Publisher: Open Road Media
ISBN: 1497629209
Category : Social Science
Languages : en
Pages : 312

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Book Description
A controversial psychological examination of how soldiers’ willingness to kill has been encouraged and exploited to the detriment of contemporary civilian society. Psychologist and US Army Ranger Dave Grossman writes that the vast majority of soldiers are loath to pull the trigger in battle. Unfortunately, modern armies, using Pavlovian and operant conditioning, have developed sophisticated ways of overcoming this instinctive aversion. The mental cost for members of the military, as witnessed by the increase in post-traumatic stress, is devastating. The sociological cost for the rest of us is even worse: Contemporary civilian society, particularly the media, replicates the army’s conditioning techniques and, Grossman argues, is responsible for the rising rate of murder and violence, especially among the young. Drawing from interviews, personal accounts, and academic studies, On Killing is an important look at the techniques the military uses to overcome the powerful reluctance to kill, of how killing affects the soldier, and of the societal implications of escalating violence.

Author: Payam Akhavan
Publisher: Cambridge University Press
ISBN: 0521824419
Category : Law
Languages : en
Pages : 211

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Book Description
Why is genocide the 'ultimate crime' and does this distinction make any difference in confronting evil?