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Full-Text Articles in Law
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 …
The Fission And Fusion In International Use Of Force: Relating Unlawful Use Of Force And The War Crime Of Disproportionate Force Not Justified By Miitary Necessity, Mbori Otieno, Emmah Wabuke, Smith Otieno
The Fission And Fusion In International Use Of Force: Relating Unlawful Use Of Force And The War Crime Of Disproportionate Force Not Justified By Miitary Necessity, Mbori Otieno, Emmah Wabuke, Smith Otieno
Case Western Reserve Journal of International Law
Jus ad bellum and jus in bello are not disparate in operation. There are several points of intersection in the two concepts, commencing with the context in which they apply, and further, in their interpretation of the general principles of proportionality and necessity. Although proportionality connotes divergent theoretical notions depending on the backdrop against which it is set, in practice, these notions are often fused together. However, points of fission (divergence) still persist. The best example of which is in the context of 'The Crime of Disproportionate Use of Force' where the difference between the two notions of 'proportionality' can …
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.
Lawfare And The Definition Of Aggression: What The Soviet Union And Russian Federation Can Teach Us, Christi Scott Bartman Dr.
Lawfare And The Definition Of Aggression: What The Soviet Union And Russian Federation Can Teach Us, Christi Scott Bartman Dr.
Case Western Reserve Journal of International Law
No abstract provided.
The Push To Criminalize Aggression: Something Lost Amid The Gains, Mark A. Drumbl
The Push To Criminalize Aggression: Something Lost Amid The Gains, Mark A. Drumbl
Case Western Reserve Journal of International Law
No abstract provided.
A Question Of Intent: The Crime Of Aggression And Unilateral Humanitarian Intervention, Elise Leclerc-Gagne, Michael Byers
A Question Of Intent: The Crime Of Aggression And Unilateral Humanitarian Intervention, Elise Leclerc-Gagne, Michael Byers
Case Western Reserve Journal of International Law
No abstract provided.
Ambiguities In Articles 5(2), 121 And 123 Of The Rome Statute, Roger S. Clark
Ambiguities In Articles 5(2), 121 And 123 Of The Rome Statute, Roger S. Clark
Case Western Reserve Journal of International Law
No abstract provided.
Ending Impunity For The Crime Of Aggression, Benjamin B. Ferencz
Ending Impunity For The Crime Of Aggression, Benjamin B. Ferencz
Case Western Reserve Journal of International Law
No abstract provided.
Aggression, Humanitarian Intervention, And Terrorism, Larry May
Aggression, Humanitarian Intervention, And Terrorism, Larry May
Case Western Reserve Journal of International Law
No abstract provided.
A Pragmatic Approach To Jurisdictional And Definitional Requirements For The Crime Of Aggression In The Rome Statute, David Scheffer
A Pragmatic Approach To Jurisdictional And Definitional Requirements For The Crime Of Aggression In The Rome Statute, David Scheffer
Case Western Reserve Journal of International Law
No abstract provided.
Report Of The Cleveland Experts Meeting: The International Criminal Court And The Crime Of Aggression, Experts Meeting
Report Of The Cleveland Experts Meeting: The International Criminal Court And The Crime Of Aggression, Experts Meeting
Case Western Reserve Journal of International Law
No abstract provided.