iTunes

Opening the iTunes Store.If iTunes doesn't open, click the iTunes application icon in your Dock or on your Windows desktop.Progress Indicator
Opening Apple Books.If Apple Books doesn't open, click the Books app in your Dock.Progress Indicator
iTunes

iTunes is the world's easiest way to organize and add to your digital media collection.

We are unable to find iTunes on your computer. To download from the iTunes Store, get iTunes now.

Already have iTunes? Click I Have iTunes to open it now.

I Have iTunes Free Download

The Jurisdiction of the International Criminal Court in War Crime Trials and the Use of Force

Legal Issus Journal 6(2)

This book can be downloaded and read in Apple Books on your Mac or iOS device.

Description

In December 2017, it was decided that the International Criminal Court is to activate its jurisdiction over the crime of aggression on the 17th July 2018, which is directed towards the leadership of a state who plan an aggressive war. Lower level military commanders on the ground, will not be able to be tried for the crime. Further, the ‘equality of belligerents’ principle protects soldiers on the battleground from decisions of their leaders. Meaning that lower-level military commanders cannot be held accountable for taking part in an illegal war. 
This preserves the distinction between jus ad bellum (justifications for going to war) to the jus in bello (law regulating conduct in war). However, preserving this distinction and bringing the crime of aggression under its jurisdiction, means that the ICC can now rule the same civilian deaths as being lawful and unlawful, in the same time and place.
This article addresses this concern, arguing that by means of proportionality rules contained within Article 8(2)(b)(iv) of the Rome Statute, that the ICC has the ability to prosecute military commanders who participate in an aggressive war. It will show that the rules of proportionality has developed to a point where there exists an overlap in jus ad bellum and the jus in bello; the former now defines the perimeter of the latter. When examined in this new light, the ICC can prosecute a lower level military commander who takes part in an aggressive war.

The Jurisdiction of the International Criminal Court in War Crime Trials and the Use of Force
View in iTunes
  • $1.99
  • Available on iPhone, iPad, iPod touch, and Mac.
  • Category: Law
  • Published: Jun 13, 2018
  • Publisher: Sulis Academic Press
  • Seller: Sulis International
  • Print Length: 25 Pages
  • Language: English
  • Requirements: This book can only be viewed on an iOS device with Apple Books on iOS 12 or later, iBooks 1.5 or later and iOS 4.3.3 or later, or a Mac with iBooks 1.0 or later and OS X 10.9 or later.

Customer Ratings

We have not received enough ratings to display an average for this book.

More by Paul Dale