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The international criminality of waging illegal war, alongside only a few of the gravest human wrongs, is rooted not in its violation of sovereignty, but in the large-scale killing war entails. Yet when soldiers refuse to kill in illegal wars, nothing shields them from criminal sanction for that refusal. This seeming paradox in law demands explanation. Just as soldiers have no right not to kill in criminal wars, the death and suffering inflicted on them when they fight against aggression has been excluded repeatedly from the calculation of post-war reparations, whether monetary or symbolic. This, too, is jarring in an era of international law infused with human rights principles. Tom Dannenbaum explores these ambiguities and paradoxes, and argues for institutional reforms through which the law would better respect the rights and responsibilities of soldiers.
Explores the moral and legal implications of the criminality of aggressive war for the soldiers who fight, kill and are killed.
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.
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.
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.
Once in a great while, a book is written that substantially changes the way people think about a particular subject. Will War Ever End? is such a book. Written as a “manifesto for waging peace” by an active duty captain in the US Army, Will War Ever End? challenges readers to think about peace, war and violence in radically new ways. “Are human beings naturally violent?” “What is hatred?” “How can love overcome the power of hatred?” “How does nonviolence overcome the power of violence?” “How can we prove that unconditional love makes us psychologically healthy and that hatred, just like an illness, occurs when something has gone wrong?” “How does violence against the natural world relate to violence between human beings?” These are all questions that Captain Paul K. Chappell leads us to consider in a strikingly new way. In Will War Ever End?, Chappell demonstrates that human beings are naturally peaceful and that world peace can become more than a cliché. He lays out a practical framework for transforming the way we think about war and violence, enabling us to begin the real work we must do in order to achieve true peace for mankind. Will War Ever End? is a deeply personal story of a soldier’s search for human understanding that will lead to universal transformation. Its message is one of hope, offering practical solutions to help us build a better world. We can all make change. Now is the time to begin.
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.
An unprecedented look at secret documents showing the deliberate nature of the Armenian genocide Introducing new evidence from more than 600 secret Ottoman documents, this book demonstrates in unprecedented detail that the Armenian Genocide and the expulsion of Greeks from the late Ottoman Empire resulted from an official effort to rid the empire of its Christian subjects. Presenting these previously inaccessible documents along with expert context and analysis, Taner Akçam's most authoritative work to date goes deep inside the bureaucratic machinery of Ottoman Turkey to show how a dying empire embraced genocide and ethnic cleansing. Although the deportation and killing of Armenians was internationally condemned in 1915 as a "crime against humanity and civilization," the Ottoman government initiated a policy of denial that is still maintained by the Turkish Republic. The case for Turkey's "official history" rests on documents from the Ottoman imperial archives, to which access has been heavily restricted until recently. It is this very source that Akçam now uses to overturn the official narrative. The documents presented here attest to a late-Ottoman policy of Turkification, the goal of which was no less than the radical demographic transformation of Anatolia. To that end, about one-third of Anatolia's 15 million people were displaced, deported, expelled, or massacred, destroying the ethno-religious diversity of an ancient cultural crossroads of East and West, and paving the way for the Turkish Republic. By uncovering the central roles played by demographic engineering and assimilation in the Armenian Genocide, this book will fundamentally change how this crime is understood and show that physical destruction is not the only aspect of the genocidal process.
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.
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.