Seeking Accountability for the Unlawful Use of Force
Cambridge University Press, 5/31/2018
EAN 9781107187535, ISBN10: 1107187532
Hardcover, 646 pages, 23.5 x 15.8 x 3.7 cm
Language: English
Despite the conclusion of the International Military Tribunal at Nuremberg that aggression is the 'supreme international crime', armed conflict remains a frequent and ubiquitous feature of international life, leaving millions of victims in its wake. This collection of original chapters by leading and emerging scholars from all around the world evaluates historic and current examples of the use of force and the context of crimes of aggression. As we approach the 75th anniversary of the Nuremberg War Crimes Tribunal, Seeking Accountability for the Unlawful Use of Force examines the many systems and accountability frameworks which have developed since the Second World War. By suggesting new avenues for enhancing accountability structures already in place as well as proposing new frameworks needed, this volume will begin a movement to establish the mechanisms needed to charge those responsible for the unlawful use of force.
Biographies of contributors
Foreword Sir Geoffrey Robertson
Preface Leila Nadya Sadat
Introduction Donald M. Ferencz
Part I. Historic and Contemporary Perspectives on the Unlawful Use of Force
1. The status of aggression in international law from Versailles to Kampala – and what the future might hold M. Cherif Bassiouni
2. Nuremberg and aggressive war William A. Schabas
3. The Tokyo IMT and crimes against peace (aggression) – is there anything to learn? Robert Cryer
4. The just war in ancient legal thought Larry May
5. Definitions of aggression as harbingers of international change Kirsten E. Sellars
6. International humanitarian law in an age of extremes
unlawful uses of force by non-state actors David M. Crane
Part II. Mechanisms for Restraining the Unlawful Use of Force and Enhancing Accountability
7. Commissions of inquiry and the Jus ad Bellum Larissa van den Herik and Catherine Harwood
8. The international court of justice and the use of force Douglas J. Pivnichny
9. The other enemy
transnational terrorists, armed attacks and armed conflict Carrie McDougall
10. Towards the substantive convergence of international human rights law and the laws of armed conflict – the case of Hassan v. the United Kingdom Robin Geiß
11. International law on the use of force
current challenges Sergey Sayapin
Part III. The Illegal Use of Force and the Prosecution of International Crimes
12. The crime of aggression under customary international law Yoram Dinstein
13. The crime of aggression and the international criminal court Jennifer Trahan
14. Prosecuting aggression through other universal core crimes at the International Criminal Court Terje Einarsen
15. The illegal use of armed force (other inhumane act) as a crime against humanity
an assessment of the case for a new crime at the International Criminal Court Manuel J. Ventura
16. Aggression, atrocities, and accountability
building a case in Iraq John Hagan and Anna Hanson
Part IV. Imagining a Better World
17. Rethinking the relationship between Jus in Bello and Jus ad Bellum
a dialogue between authors Federica D'Alessandra and Robert Heinsch
18. Twenty-first-century paradigms on military force for humane purposes David J. Scheffer and Angela Walker
19. The presumption of peace
illegal war, human rights, and humanitarian law Mary Ellen O'Connell
20. The urgent imperative of peace Leila Nadya Sadat
Epilogue Benjamin B. Ferencz
Index.