Aggression as "organised hypocrisy"?: how the war on terrorism and hybrid threats challenge the Nuremberg legacy

Bachmann, Sascha and Kemp, Gerhard (2012) Aggression as "organised hypocrisy"?: how the war on terrorism and hybrid threats challenge the Nuremberg legacy. Windsor Yearbook of Access to Justice , Vol 30 (1). ISSN 0710-0841

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Abstract

Modern threats to international peace and security from so called “hybrid threats” such as cyber war, low intensity asymmetric conflict scenarios, global terrorism etc which involve a diverse and broad community of affected stakeholders involving both regional and international organisations/structures, also pose further questions for the existing legacy of Nuremberg. The (perhaps unsettling) question arises of whether our present concept of “war and peace”, with its legal pillars of the United Nations Charter’s Articles 2(4), 51, and the notion of the criminality of waging aggressive war based on the “legacy” of Nuremberg has not become outdated to respond to new threats arising in the 21st century. This article also serves to warn that one should not use the definition of aggression, adopted at the ICC Review Conference in Kampala in 2010, to repeat the most fundamental flaw of Nuremberg: ex post facto criminalisation of the (unlawful) use of force. A proper understanding of the “legacy of Nuremberg” and a cautious reading of the text of the ICC definition of aggression provide some markers for purposes of the debate on the impact of new threats to peace and security and the use of force in international law and politics.

Item Type:Article
Keywords:Law of Armed Conflict, hybrid, Nuremberg Trials, Asymmetric Warfare, International Criminal Justice
Subjects:M Law > M130 Public International Law
Divisions:College of Social Science > Lincoln Law School
ID Code:6352
Deposited By:INVALID USER
Deposited On:28 Sep 2012 10:00
Last Modified:05 Dec 2013 00:00

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