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Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham
Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham
Case Western Reserve Journal of International Law
International law has long recognized the general principle that an illegal act cannot produce legal rights. Yet, this principle of ex injuria jus non oritur is seemingly ignored in the uneasy relationship between the two international legal regimes most associated with war. A head of State can, for example, violate international law regulating the resort to armed force by ordering his military forces to illegally invade another country, yet he, through his military forces, simultaneously and subsequently benefits on the battlefield from the application of the separate body of international law regulating the actual conduct of war. The paradoxical benefit …
Foreword: The International Law Legacy Of The Obama Administration, Michael P. Scharf, Julia Liston
Foreword: The International Law Legacy Of The Obama Administration, Michael P. Scharf, Julia Liston
Case Western Reserve Journal of International Law
An introduction is presented in which editor discusses various articles within the issue based on the legacy of U.S. President Barack Obama's administration on right to use force in self-defense against non-state actors, foreign policy accomplishments in the Middle East and climate change.
Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz
Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz
Case Western Reserve Journal of International Law
At the 2015 Annual Meeting of the American Society of International Law, a U.S. policy statement on the crime of aggression was presented as part of a panel entitled "The ICC Crime of Aggression and the Changing International Security Landscape." This article examines current U.S. policy on the crime of aggression, highlighting the historic role that the U.S. played in establishing aggression as an international crime after World War II, and concludes that activation of ICC jurisdiction over the crime of aggression would be a significant step forward in the development of international law.