Author: Cornelis Arnold PompePublish On: 2012-12-06
Six years after the rendering of the Nuremberg Judgment world conditions are not such as to encourage a study on what constituted its principal innovation in the legal field: the punishment of the authors of aggressive war.
Author: Cornelis Arnold Pompe
Publisher: Springer Science & Business Media
Category: Political Science
Six years after the rendering of the Nuremberg Judgment world conditions are not such as to encourage a study on what constituted its principal innovation in the legal field: the punishment of the authors of aggressive war. The war alliance against the Axis Powers which was the political basis of the Nuremberg Trial and of the United Nation~ Organisation has broken up. Mutual fear, threats and accusations and a gigantic armament race are the dominating factors in international life during the cold war period, and the minds of statesmen, military men and lawyers alike are more preoccupied with the problem of how to win a possible third world war than with that of preventing its occurrence and avoiding responsibility for its outbreak. While the survival of their freedom and civilization is at stake, the nations seem more intent on preparing for what is vaguely and equivocally called 'self-defence' than on accepting and assuring the reign of law. The strain of the protracted struggle in Korea, moreover, seems to turn the first experiment with military sanctions against an aggressor into a classic game of power politics. It is not surprising that in such circumstances little energy is displayed in efforts to implement the principles to which the United Nations pledged themselves in Nuremberg, and that many statesmen and lawyers seem prepared to abandon, at least for the near future, the precedent of the time of alliance, expression of confidence in the victory of law over force.
Author: American Anthropological AssociationPublish On: 1968
Aggression, outside of how politicians use the term, is an individual act presupposing some emotional basis. Abel showed that rational decisions to make war go well in advance of the emotional, aggressive exacerbations usually thought ...
Author: American Anthropological Association
Discussing contemporary issues including military action in Vietnam.
Yet Sutherland and following social scientists contributed little beyond this to the socio-legal study of aggressive war. Our book seeks to advance this underdeveloped social science of wars of aggression.
Author: John Hagan
Publisher: Cambridge University Press
This accessible account of the war in Iraq argues that US military actions constituted a criminal war of aggression.
There continues to be a worldwide “colère publique” against aggressive war-making. 2. War and Peace in the World of Today What are some of the most critical aspects of today's reality regarding armed conflicts and the use of force for ...
The new deceitful plan, aimed at prolonging and stepping up his war of aggression, is termed by Nixon as a plan to end ... This act has again proved the Razak clique's loyalty in serving the aggressive war policy of U.S. imperialism.
In the main, the restriction of the just war to the war of self-defense rests on the presumption that war can no longer ... Nor is it clear, in the view of some, that the attempt to proscribe “aggressive” war ought even to succeed, ...
However, that is not why such wars are criminal. Aggressive war is a crime because it entails killing without justification. Five reasons explain why this is so.
Author: Tom Dannenbaum
On the dominant view, accepted by both defenders and critics of the criminalization of aggression, the criminal wrong of aggressive war is inflicted on the attacked state. This view is mistaken. It is true that whether a war is criminally aggressive is determined ordinarily by whether it involves a particular form of inter-state wrong. However, that is not why such wars are criminal. Aggressive war is a crime because it entails killing without justification. Five reasons explain why this is so. First, banning aggression restricted states from using force to protect their core sovereign rights, including even their rights of political independence and territorial integrity. Those core states' rights cannot make sense of the move to ban aggression. Second, what distinguishes aggression from any other sovereignty violation -- what makes it criminal, when no other sovereignty violation is -- is that it involves killing without justification. Third, the unjustified killing account makes sense of aggression's standing alongside genocide, war crimes, and crimes against humanity. The traditional notion that aggression is a crime against sovereignty instead isolates aggression as the inexplicably odd crime out. Fourth, the public reasons for restricting jus ad bellum rights in the early twentieth century focused not on infringements of states' rights but on the infliction of death without justification. Finally, the importance of wrongful killing to the criminalization of aggression was apparent at the post-World War II tribunals at Nuremberg and Tokyo. Understanding the crime in this way matters doctrinally. It clarifies the boundaries of the crime, resolving hard cases like unilateral humanitarian intervention and bloodless invasion. It also has implications for the legal rights of soldiers involved on either side of such wars.
To initiate a war of aggression , therefore , is not only an international crime ; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.23 The ...
Author: Yoram Dinstein
Publisher: Cambridge University Press
Yoram Dinstein's seminal book is an essential guide to the legal issues of war and peace, armed attack and self-defense. This third edition incorporates new materials on the Kosovo air campaign, "humanitarian intervention," recent Security Council resolutions, the latest pronouncements of the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia. This comprehensive introduction to the legal issues surrounding war and self-defense continues to provide an indispensable tool for students and practitioners of international law, international relations and military studies.
Author: Yugoslavia. Ministarstvo inostranih delaPublish On: 1951
But they will not take part in any kind of aggressive war and they wish to live in lasting peace and peaceloving cooperation with all peoples , particularly with their neighbours . In the spirit of this consistent , peace - loving ...
Author: Yugoslavia. Ministarstvo inostranih dela
Category: Government publications
"Contains official and other documents about the aggressive activities of the governments of the USSR and the countries of eastern Europe against Yugoslavia." -- p. 11.
Author: International Military Tribunal for the Far EastPublish On: 1998
... Phases of the Case for the Prosecution: Phase The Preparation of Japanese 130 - 168 805 - 1678 II Opinion for Aggressive War 141 3121-3202 Pkase Japanese Military Aggression 169 - 191 1678 - 2268 III in Manchuria 210-246 2693-3121 .
Author: International Military Tribunal for the Far East
Publisher: Edwin Mellen Press
As an aftermath of the Second World War, British military tribunals tried individual persons against suspected war crimes. Original papers/transcripts are presented, including pre-trial documentation, defence petitions, case reviews and recommendations.