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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.
This yearbook contains documentary texts of treaties and other materials concerning the legal status and activities of the United Nations and related inter-governmental organizations. It also presents the judicial decisions on questions related to the Organization. A bibliography on jurisprudence is included.
Since the adoption of the UN Charter in 1945, the use of cross-border force has been frequent. This volume invites a range of experts to examine over sixty conflicts, from military interventions to targeted killings and hostage rescue operations, and to ask how powerful precedent can be in determining hostile encounters in international law.
The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.
In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.
Covers legislative texts and treaty provisions relating to the legal status of the UN and related intergovernmental organizations; a review of the legal activities, the treaties concerning international law, and the decisions of administrative tribunals of the UN and related intergovernmental organizations; selected legal opinions of the secretaries and judicial decisions on questions relating to the UN and related intergovernmental organizations; and a bibliography. Annotation copyrighted by Book News, Inc., Portland, OR
For more than a decade, America has been waging a new kind of war against the financial networks of rogue regimes, proliferators, terrorist groups, and criminal syndicates. Juan Zarate, a chief architect of modern financial warfare and a former senior Treasury and White House official, pulls back the curtain on this shadowy world. In this gripping story, he explains in unprecedented detail how a small, dedicated group of officials redefined the Treasury's role and used its unique powers, relationships, and reputation to apply financial pressure against America's enemies. This group unleashed a new brand of financial power -- one that leveraged the private sector and banks directly to isolate rogues from the international financial system. By harnessing the forces of globalization and the centrality of the American market and dollar, Treasury developed a new way of undermining America's foes. Treasury and its tools soon became, and remain, critical in the most vital geopolitical challenges facing the United States, including terrorism, nuclear proliferation, and the regimes in Iran, North Korea, and Syria. This book is the definitive account, by an unparalleled expert, of how financial warfare has taken pride of place in American foreign policy and how America's competitors and enemies are now learning to use this type of power themselves. This is the unique story of the United States' financial war campaigns and the contours and uses of financial power, and of the warfare to come.
How will China use its increasing military capabilities in the future? China faces a complicated security environment with a wide range of internal and external threats. Rapidly expanding international interests are creating demands for the People's Liberation Army (PLA) to conduct new missions ranging from protecting Chinese shipping from Somali pirates to evacuating citizens from Libya. The most recent Chinese defense white paper states that the armed forces must "make serious preparations to cope with the most complex and difficult scenarios . . . so as to ensure proper responses . . . at any time and under any circumstances." Based on a conference co-sponsored by Taiwan's Council of Advanced Policy Studies, RAND, Carnegie Endowment for International Peace, and National Defense University, The People's Liberation Army and Contingency Planning in China brings together leading experts from the United States and Taiwan to examine how the PLA prepares for a range of domestic, border, and maritime...
Humanitarian professionals are on the front lines of today's internal armed conflicts, working with politicians and diplomats in countries wracked by violence, in capitals of donor governments that underwrite humanitarian work, as well as within the United Nations Security Council and providing information to the media. This publication sets out a compendium of essays written by 14 senior humanitarian practitioners who led humanitarian operations in settings as diverse as the Balkans and Nepal, Somalia and East Timor, and across a time frame from the 1970s in Cambodia and 1980s in Lebanon to more recent engagement in Colombia and Iraq.