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The Crime of Aggression in International Criminal Law - Historical Development, Comparative Analysis and Present State (Hardcover, 2014 ed.)
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The Crime of Aggression in International Criminal Law - Historical Development, Comparative Analysis and Present State (Hardcover, 2014 ed.)
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Since after the Second World War, the crime of aggression is -
along with genocide, crimes against humanity and war crimes - a
"core crime" under international law. However, despite a formal
recognition of aggression as a matter of international criminal law
and the reinforcement of the international legal regulation of the
use of force by States, numerous international armed conflicts
occurred but no one was ever prosecuted for aggression since 1949.
This book comprehensively analyses the historical development of
the criminalisation of aggression, scrutinises in a detailed manner
the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as
well as of the Nuremberg follow-up trials, and makes proposals for
a more successful prosecution for aggression in the future. In
identifying customary international law on the subject, the volume
draws upon a wealth of applicable sources of national criminal law
and puts forward a useful classification of States legislative
approaches towards the criminalisation of aggression at the
national level. It also offers a detailed analysis of the current
international legal regulation of the use of force and of the Rome
Statutes substantive and procedural provisions pertaining to the
exercise of the International Criminal Courts jurisdiction with
respect to the crime of aggression, after 1 January 2017."
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