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Aggression and Crimes Against Peace (Philosophical and Legal Aspectrs of War and Conflict)
Larry May
Cambridge University Press
, 2008 - 368 pages
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In this volume, the third in his trilogy on the
philosophical
and
legal
aspects of
war
and
conflict
, Larry May locates a normative grounding for the crime of
aggression-the only
one of the three
crimes charged
at Nuremberg that is not currently being prosecuted-that is similar to that for crimes
against humanity
and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. May argues that crimes of aggression, sometimes called crimes against
peace
, deserve international prosecution when one State undermines the ability of another State to protect human rights. His thesis refutes the traditional understanding of aggression, which often has been interpreted as a crossing of borders by one sovereign state into another sovereign state. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations.
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