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Introduction

Published online by Cambridge University Press:  28 April 2018

Tom Dannenbaum
Affiliation:
Tufts University, Massachusetts
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Summary

This chapter answers the first major question of the book, identifying mass killing without the justification of responding to the same as the normative core of the crime of aggression. In so doing, it debunks the standard normative account of the crime (adopted by both defenders and critics of the criminalization of aggression), which defines it as a macro wrong against a foreign state or people. It is plainly true under current international law that whether a war is criminal depends typically, although not exclusively, on which side has violated the other’s sovereignty. But that inter-state breach is not why waging such wars is criminal. It is criminal because waging war in breach of those inter-state rules entails widespread killing and the infliction of human suffering without justification. For five reasons (detailed in the chapter), this is the only internally coherent understanding of the crime. Recognizing this redefines aggression as a crime against humanity perpetrated ordinarily through a violation of sovereignty.
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Publisher: Cambridge University Press
Print publication year: 2018

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  • Introduction
  • Tom Dannenbaum, Tufts University, Massachusetts
  • Book: The Crime of Aggression, Humanity, and the Soldier
  • Online publication: 28 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781316718391.004
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  • Introduction
  • Tom Dannenbaum, Tufts University, Massachusetts
  • Book: The Crime of Aggression, Humanity, and the Soldier
  • Online publication: 28 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781316718391.004
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.

  • Introduction
  • Tom Dannenbaum, Tufts University, Massachusetts
  • Book: The Crime of Aggression, Humanity, and the Soldier
  • Online publication: 28 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781316718391.004
Available formats
×