The Crime of Aggression in International Criminal Law Historical Dev
Since after the Second World War, the crime of aggression is – along with genocide, crimes against humanity and war crimes – a “core crime” under international law. However, despite a formal recognition of aggression as a matter of international criminal
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Sergey Sayapin
The Crime of Aggression in International Criminal Law
Sergey Sayapin
The Crime of Aggression in International Criminal Law Historical Development, Comparative Analysis and Present State
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Sergey Sayapin Prevention and Communication Department ICRC Regional Delegation in Central Asia Tashkent Uzbekistan
ISBN 978-90-6704-926-9 ISBN 978-90-6704-927-6 (eBook) DOI 10.1007/978-90-6704-927-6 Library of Congress Control Number: 2013951246 © t.m.c. asser press and the author 2014 Published by t.m.c. asser press, The Hague, The Netherlands www.asserpress.nl Produced and distributed for t.m.c. asser press by Springer-Verlag Berlin Heidelberg No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Foreword
The subject of this monograph is the act of aggression—a topic, which lies at the very heart of both public international law and international criminal law. Acts of aggression are, on the one hand, a State’s internationally wrongful acts that violate the prohibition of the use of force, and, on the other hand, the conduct of leaders of a State for which they can be held individually criminally responsible. The talented young researcher comprehensively addresses these two concepts. The first part of the book discusses the act of aggression as an internationally wrongful act by a State. The Author introduces this first part by reaching back far into the history of mankind, to that of Ancient Greece and China. The more detailed recent history benefits from the Author’s Uzbek background in that he also analyses, for example, the Soviet Union’s policies with respect to the act of aggression, and, as such, delves into a diversity of sources in the Russian language. When addressing the ius ad bellum as it stands today, the Author, in line with prevailing legal theory, gives the United Nations Charter, and especially the Security Council’s powers under Chapter VII of this Charter, the central role in maintaining peace. He also refers to recent conflicts and analyses newly developed doctrines and concepts, such as the humanitarian intervention or the “pro-democratic intervention”, which expose weaknesses in this system. The main focus of this work lies in the second part, which is entitled “The Individual Crime”. The Author recalls the crucial role that the judgment of the Nuremberg M
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