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Full-Text Articles in Law
First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root
First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root
University of Baltimore Journal of International Law
The yet to be implemented Article 8 bis of the Rome Statute criminalizes, as the crime of aggression, acts of aggression which by their “character, gravity and scale” constitute a “manifest violation” of the Charter of the United Nations. This article argues that Article 8 bis must be construed so as to exclude from the International Criminal Court’s jurisdiction uses of force, which are facial violations of the UN Charter, but which nonetheless comport with the principles and purposes of the Charter, such as bona fide humanitarian intervention unauthorized by the Security Council. This article examines and applies the Vienna …
The Humanitarian And Human Rights Duties Of The United Nations Security Council, George E. Weber
The Humanitarian And Human Rights Duties Of The United Nations Security Council, George E. Weber
University of Baltimore Journal of International Law
International intervention has increased in recent history for the abuses of humanitarian law and human rights. This article reflects on the history of human rights and humanitarian law reasoned interventions authorized by the United Nations Security Council and examines whether a duty now exists in international law for future action. The question of whether a duty exists, and the legal repercussions of failing to exercise that duty, is of paramount importance to international law. Whether the duty currently exists or is currently developing, the analysis that follows will show why the Security Council should have the duty of intervention and …