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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 …
Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris
Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris
Case Western Reserve Journal of International Law
War has forever been considered the utmost necessary evil. Nevertheless, international law has for some time sought to limit the right to wage war (jus ad bellum), as well as the means and methods employed amid war (jus in bello). Although these two branches of law now share humanitarian purposes the prevention of war and its effects -- they have generally been kept separate throughout history. However, confronted with widespread violations of jus in bello, resulting in appalling humanitarian disasters, some have suggested amending their relationship. This was notably sought at the Nuremberg Trials, where prosecutors failed to contend that …
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.
Nuremberg And Crimes Against Peace, Henry T. King Jr.
Nuremberg And Crimes Against Peace, Henry T. King Jr.
Case Western Reserve Journal of International Law
No abstract provided.
Personal Reflections On Nuremberg, Henry T. King Jr.
Personal Reflections On Nuremberg, Henry T. King Jr.
Case Western Reserve Journal of International Law
No abstract provided.
Robert H. Jackson And The Triumph Of Justice At Nuremberg, Henry T. King Jr.
Robert H. Jackson And The Triumph Of Justice At Nuremberg, Henry T. King Jr.
Case Western Reserve Journal of International Law
No abstract provided.
The Legacy Of Nuremberg, Henry T. King Jr.
The Legacy Of Nuremberg, Henry T. King Jr.
Case Western Reserve Journal of International Law
No abstract provided.
From Nuremberg To Rome: A Step Backward For U.S. Foreign Policy, Henry T. King, Theodore C. Theofrastous
From Nuremberg To Rome: A Step Backward For U.S. Foreign Policy, Henry T. King, Theodore C. Theofrastous
Case Western Reserve Journal of International Law
No abstract provided.
The Meaning Of Nuremberg, Henry T. King Jr.
The Meaning Of Nuremberg, Henry T. King Jr.
Case Western Reserve Journal of International Law
No abstract provided.
Nuremberg And Sovereignty, Henry T. King Jr.
Nuremberg And Sovereignty, Henry T. King Jr.
Case Western Reserve Journal of International Law
No abstract provided.
Nuremberg Forty Years After: An Introduction, Cherif Bassiouni
Nuremberg Forty Years After: An Introduction, Cherif Bassiouni
Case Western Reserve Journal of International Law
No abstract provided.
Classical Legal Positivism At Nuremberg Considered, Neal Koch
Classical Legal Positivism At Nuremberg Considered, Neal Koch
Case Western Reserve Journal of International Law
No abstract provided.