Description
Book SynopsisDespite the conclusion of the International Military Tribunal at Nuremberg that aggression is the ''supreme international crime'', armed conflict remains a frequent and ubiquitous feature of international life, leaving millions of victims in its wake. This collection of original chapters by leading and emerging scholars from all around the world evaluates historic and current examples of the use of force and the context of crimes of aggression. As we approach the 75th anniversary of the Nuremberg War Crimes Tribunal, Seeking Accountability for the Unlawful Use of Force examines the many systems and accountability frameworks which have developed since the Second World War. By suggesting new avenues for enhancing accountability structures already in place as well as proposing new frameworks needed, this volume will begin a movement to establish the mechanisms needed to charge those responsible for the unlawful use of force.
Trade Review'As we approach the third decade of the twenty-first century, wars continue to take their toll on untold numbers of innocent civilians; launching a nuclear war has become a topic of serious discussion; and from July 2018 the crime of aggression will fall within the jurisdiction of the International Criminal Court. It is hardly surprising that the global community continues its search for legal means to deter the resort to war, aggression and the commission of massive war crimes. Seeking Accountability for the Unlawful Use of Force, edited by Professor Leila Sadat, could not be more timely or important. It contains thoughtful and accessible essays by some of the leading experts in the field of international criminal law. They trace its modern history and consider the future of mechanisms of accountability for war crimes. This excellent collection is essential reading for all interested in the relationship between law and war.' Richard Goldstone, former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda
'Leila Sadat is a towering figure in the field of international law, and it is no surprise that she has assembled in this thought-provoking enterprise many prominent legal experts and contributors. In international criminal law, there is continued debate over what constitutes reasonable use of force and what measures may be appropriate to deter and punish acts of aggression. This book offers rare insight into the legal debates, and provides compelling arguments for a rational use of force within the existing framework of international law.' Mark S. Ellis, Executive Director, International Bar Association
'The significance of this book cannot be underestimated. With the recent activation of the International Criminal Court's jurisdiction over the crime of aggression, the time is ripe to reflect on the way accountability for the unlawful use of force has been dealt with both by the ICC's predecessors as well as through other mechanisms. Moreover, it is important to take stock and reflect on the many challenges faced so far in order to better prepare for future accountability efforts. The collection brings together leading academics in the field who provide a holistic examination of the issue at hand, filling an important gap in the scholarship. I cannot recommend it highly enough.' Olympia Bekou, School of Law, University of Nottingham
'This collection of essays, written by eminent scholars in the field, could not be more timely, as we approach the activation of the ICC's jurisdiction over the crime of aggression on 17 July 2018, the very day of its twentieth anniversary. Seeking Accountability for Unlawful Use of Force is an essential reading companion for those, scholars and practitioners alike, who seek a better understanding of the legacy of the Nuremberg and Tokyo trials against the backdrop of the shifting boundaries between ius ad bellum and ius in bello in the post-9/11 age.' Christine Van den Wyngaert, Judge at the International Criminal Court
'This book is an encyclopedic, truly comprehensive treatment of a historic issue within the general topic of the use of violent force in international law. Highly recommended.' S. R. Silverburg, Choice
Table of ContentsBiographies of contributors; Foreword Sir Geoffrey Robertson; Preface Leila Nadya Sadat; Introduction Donald M. Ferencz; Part I. Historic and Contemporary Perspectives on the Unlawful Use of Force: 1. The status of aggression in international law from Versailles to Kampala – and what the future might hold M. Cherif Bassiouni; 2. Nuremberg and aggressive war William A. Schabas; 3. The Tokyo IMT and crimes against peace (aggression) – is there anything to learn? Robert Cryer; 4. The just war in ancient legal thought Larry May; 5. Definitions of aggression as harbingers of international change Kirsten E. Sellars; 6. International humanitarian law in an age of extremes: unlawful uses of force by non-state actors David M. Crane; Part II. Mechanisms for Restraining the Unlawful Use of Force and Enhancing Accountability: 7. Commissions of inquiry and the Jus ad Bellum Larissa van den Herik and Catherine Harwood; 8. The international court of justice and the use of force Douglas J. Pivnichny; 9. The other enemy: transnational terrorists, armed attacks and armed conflict Carrie McDougall; 10. Towards the substantive convergence of international human rights law and the laws of armed conflict – the case of Hassan v. the United Kingdom Robin Geiß; 11. International law on the use of force: current challenges Sergey Sayapin; Part III. The Illegal Use of Force and the Prosecution of International Crimes: 12. The crime of aggression under customary international law Yoram Dinstein; 13. The crime of aggression and the international criminal court Jennifer Trahan; 14. Prosecuting aggression through other universal core crimes at the International Criminal Court Terje Einarsen; 15. The illegal use of armed force (other inhumane act) as a crime against humanity: an assessment of the case for a new crime at the International Criminal Court Manuel J. Ventura; 16. Aggression, atrocities, and accountability: building a case in Iraq John Hagan and Anna Hanson; Part IV. Imagining a Better World: 17. Rethinking the relationship between Jus in Bello and Jus ad Bellum: a dialogue between authors Federica D'Alessandra and Robert Heinsch; 18. Twenty-first-century paradigms on military force for humane purposes David J. Scheffer and Angela Walker; 19. The presumption of peace: illegal war, human rights, and humanitarian law Mary Ellen O'Connell; 20. The urgent imperative of peace Leila Nadya Sadat; Epilogue Benjamin B. Ferencz; Index.
