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Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin
Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin
Book Chapters
My topic is legality and legitimacy after the Iraq war. I will start by problematizing the question. First, it is too limited. Why should the question be defined in terms of "after the Iraq war;' not after some other event such as the war in the Democratic Republic of the Congo where some four million people have died and where the health consequences of HIV/ AIDS will continue for generations? Events, even catastrophic events, from which powerful actors have remained aloof, have little visibility as key incidents in the evolution of international law. They are not deemed the "moments of …
What Is Aggression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov
What Is Aggression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov
Journal Articles
Under the international law on resort to force, the jus ad bellum, any serious violation of the United Nations Charter prohibition on the use of force amounts to aggression. Despite a close connection for over a century between the prohibition on aggression by states and the crime of aggression for which individuals may be held accountable, delegates to the 2010 International Criminal Court Review Conference in Kampala, Uganda felt compelled to bifurcate the two prohibitions and reach a compromise. Today, the ICC Statute contains a detailed provision on the crime of aggression, but with a byzantine procedure for entry into …