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Foreword

Published online by Cambridge University Press:  21 May 2018

Leila Nadya Sadat
Affiliation:
Washington University, St Louis
Geoffrey Robertson
Affiliation:
human rights barrister, academic, author, and broadcaster. He is the founder and joint head of Doughty Street Chambers
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Summary

This is a good time for serious discussion about the international law crime of aggression, and this is a good book to begin it. After a deceptively false start at Nuremberg, and a tentative definition in 1974 endorsed by a General Assembly Resolution, it appeared elliptically in Article 5 of the Rome Statue a quartercentury later as a crime within the jurisdiction of the International Criminal Court, but a jurisdiction which would be suspended until an up-to-date definition could be agreed. Agreement was not reached until the Kampala Review conference in 2010, and thus potential liability for the commission of aggression went unmentioned in the debates over the Bush/Blair invasion of Iraq without Security Council approval in 2003. The Kampala Amendments required a minimum of thirty ratifications, and the new State of Palestine lodged the thirtieth in 2016, Crimea having been “annexed” in the meantime. That left a further year before activation of the jurisdiction by a two-thirds majority of State Parties, which happened on December 14th, 2017, after a bitter fight over its scope in the Assembly of States Parties.

In the result, the crime will be punishable if committed after 17th July 2018, but not by nationals of a non-ratifying State or on such a State's territory (although these cases should still be referable to the ICC by the Security Council). In the meantime, there has been the attack on a Syrian airbase ordered by President Trump, avowedly to punish President Assad for his likely (although not forensically proven) use of chemical weapons against civilians. This set the academic dovecotes fluttering: was it a blatant breach of the U.N. Charter, or justified as some form of humanitarian intervention, or by a derivative of Responsible to Protect (R2P), or a contorted version of self-defense? As mutterings are still coming from the White House about a possible attack on North Korea, it is time to contemplate the consequences – in this case through illuminating essays of experts who were assembled at an important conference at Washington University in St. Louis School of Law in 2015.

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Publisher: Cambridge University Press
Print publication year: 2018

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  • Foreword
    • By Geoffrey Robertson, human rights barrister, academic, author, and broadcaster. He is the founder and joint head of Doughty Street Chambers
  • Leila Nadya Sadat, Washington University, St Louis
  • Book: Seeking Accountability for the Unlawful Use of Force
  • Online publication: 21 May 2018
  • Chapter DOI: https://doi.org/10.1017/9781316941423.001
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  • Foreword
    • By Geoffrey Robertson, human rights barrister, academic, author, and broadcaster. He is the founder and joint head of Doughty Street Chambers
  • Leila Nadya Sadat, Washington University, St Louis
  • Book: Seeking Accountability for the Unlawful Use of Force
  • Online publication: 21 May 2018
  • Chapter DOI: https://doi.org/10.1017/9781316941423.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Foreword
    • By Geoffrey Robertson, human rights barrister, academic, author, and broadcaster. He is the founder and joint head of Doughty Street Chambers
  • Leila Nadya Sadat, Washington University, St Louis
  • Book: Seeking Accountability for the Unlawful Use of Force
  • Online publication: 21 May 2018
  • Chapter DOI: https://doi.org/10.1017/9781316941423.001
Available formats
×