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Aggression and Crimes Against Peace

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ISBN-10: 0521719151

ISBN-13: 9780521719155

Edition: 2008

Authors: Larry May

List price: $31.99
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Description:

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.
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Book details

List price: $31.99
Copyright year: 2008
Publisher: Cambridge University Press
Publication date: 4/21/2008
Binding: Paperback
Pages: 368
Size: 6.00" wide x 8.75" long x 1.00" tall
Weight: 1.100

Larry May is W. Alton Jones Professor of Philosophy, Professor of Law, and Professor of Political Science at Vanderbilt University. He has authored or edited over thirty books, most recently on the topics of war and international criminal law. He teaches courses in philosophy of law and the history of political philosophy.

Acknowledgments
Pacifism and Just Wars
Introduction: Between the Horrors and Necessity of War
Condemning War but Fighting for Peace
War and Contemporary International Law
Many Unjustified Wars but Few Criminal Leaders
Minimalism, Consensus, and Solidarity
Summary of the Arguments of the Book
Grotius and Contingent Pacifism
Grotius on Just Wars
Grotius on Justifiable Killing in War
The Idea of Contingent Pacifism
An Objection to Contingent Pacifism
Contingent Pacifism and International Law
International Solidarity and the Duty to Aid
A Historical Note
The Idea of an International Community
Solidarity of the International Community
Objections
The Duties of Solidarity
Rethinking the Normative ad Bellum Principles
The Principle of Priority or First Strike
Gentili and the Justification of Offensive War
Grotius on Fear of Attack
First Strikes: The Priority Principle
Last Resort as the Ultimate Restraint
Contemporary Warfare and the Priority Principle
International Law and the Priority Principle
The Principle of Just Cause
Conversion of Heathens and Promotion of Democracy
Paradigmatic Just Causes: Individual and Collective Self-Defense
Reconceptualizing the Principle of Just Cause
Just Cause and the Element of State Aggression
The Bifurcated Normative Principles of Jus ad Bellum
Rethinking the Separation of Jus ad Bellum and Jus in Bello
The Principle of Proportionality
Proportionality in Traditional Just War Theory
Necessity and Proportionality in International Law
Self-Defense and Proportionate Response
Proportionality and Minor Jus ad Bellum Principles
Connecting Proportionality, Priority, and Just Cause
The Precedent of Nuremberg
Custom and the Nuremberg "Precedent"
Just War Theory and Aggression
The Nuremberg "Precedent"
Rules in International Law
Jus Cogens Norms and the Crime of Aggression
The Conservative Approach to Custom
The Rules of the International Community
Prosecuting Military and Political Leaders
The Admiral Doenitz Case
Doenitz's Defense
The Ministries Case
Political Ministers and Waging War
Roles and Actus Reus
A Successful Prosecution: Admiral Raeder
Prosecuting Civilians for Complicity: The Krupp and I. G. Farben Cases
The Case against Krupp
The Case against I. G. Farben
Judge Hebert's Concurring Opinion
Mens Rea and Conspiracy
Conceptualizing the Crime of Aggression
Defining State Aggression
What Is Aggression?
Historical Roots of the Idea of State Aggression
Waging Aggressive War
The Wrong of Aggression
Who Decides? Another Lesson from Nuremberg
Act and Circumstance in the Crime of Aggression
The Problem of Acts
State Aggression as a Circumstance
Participating and Being Liable
Participating in the Circumstances of War
Revisiting the Superior Orders Defense
Individual Mens Rea and Collective Liability
Conspiracy at Nuremberg
Intent to Wage War
Two Intentions
Conspiracy to Wage Aggressive War
Collective Liability Schemes
Hard Cases and Concluding Thoughts
Humanitarian Intervention
Humanitarian Intervention in International Law
Immunity, Complicity, and Collective Liability
The Applicability of the Doctrine of Double Effect
Collective Responsibility of States
Defending Humanitarian Wars
Should Anyone Be Prosecuted for Humanitarian Wars?
Terrorist Aggression
Piracy and Terrorism
Legitimate Authority and Non-State Actors
Similarities between State and Non-State Actors
Prosecuting Terrorist Aggression
Terrorists and Due Process Rights
Human Rights after September 11, 2001
Defending International Criminal Trials for Aggression
Koskenniemi's Critique of International Criminal Law
The Diversity of Norms Defense
Drumbl's Arguments about Retribution and Deterrence
Political Leaders Defending Themselves
International Criminal Trials and Aggression
Bibliography
Index