Aggression and Crimes Against Peace
- Author: Larry May, Washington University, St Louis
- Date Published: April 2008
- availability: Available
- format: Paperback
- isbn: 9780521719155
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In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression—the only one of the three crimes charged at Nuremberg that is not currently being prosecuted—that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. May argues that crimes of aggression, sometimes called crimes against peace, deserve international prosecution when one State undermines the ability of another State to protect human rights. His thesis refutes the traditional understanding of aggression, which often has been interpreted as a crossing of borders by one sovereign state into another sovereign state. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant’s acts involve serious human rights violations.
Read more- This is the first full treatment of the crime of aggression
- Combines philosophical and legal arguments with extensive discussion of cases, especially from Nuremberg
- Provides original account of how to understand elements of crime of aggression in international law
Awards
- Winner of The International Association of Penal Law Book of the Year Award
Reviews & endorsements
"Philosopher Larry May delivers a ground-breaking reassessment of what the Nuremberg Tribunal had identified as the 'supreme international crime.' Building upon his paradigm-shifting work on crimes against humanity and war crimes, May now reorients the debate regarding the scope and merits of criminalizing aggressive war. Especially noteworthy is his contention that aggression should be defined as a first wrong that violates human rights. May combines reason with creativity - and sophistication with accessibility - to offer a tour-de-force with interdisciplinary appeal to a wide audience."
-Mark Drumbl, Washington & Lee University School of LawSee more reviews"This is a strong study of an important topic. Given the timing of its appearance and the quality of its argument, this work may have an important impact on international law itself."
-Steven Lee, Hobart & William Smith CollegeCustomer reviews
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×Product details
- Date Published: April 2008
- format: Paperback
- isbn: 9780521719155
- length: 368 pages
- dimensions: 226 x 151 x 20 mm
- weight: 0.49kg
- availability: Available
Table of Contents
Part I. Pacifism and Just Wars:
1. Introduction: between the horrors and the necessity of war
2. Grotius and contingent pacifism
3. International solidarity and the duty to aid
Part II. Rethinking the Normative Ad Bellum Principles:
4. The principle of priority of first strike
5. The principle of just cause
6. The principle of proportionality
Part III. The Precedent of Nuremberg:
7. Custom and the Nuremberg precedent
8. Prosecuting military and political leaders
9. Prosecuting civilians for complicity
Part IV. Conceptualizing the Crime of Aggression:
10. Defining state aggression
11. Act and circumstances in the crime of aggression
12. Individual mens rea and collective liability
Part V. Hard Cases and Concluding Thoughts:
13. Humanitarian interventions
14. Terrorist aggression
15. Defending international criminal trials for aggression.Instructors have used or reviewed this title for the following courses
- Political Philosophy or Ethics and Law
- The Ethics of War Post 9/11
- War & Peace
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