Overview
This book deals with the identification of the aggressor state under International Law. This issue raises a deceptively easy question, that is, how does one distinguish the aggressor state from the victim state in situations involving the unilateral use of force? In a straightforward situation where state A attacks state B without any provocation, it is clear that state A is the aggressor. However, confusion begins to arise when state A first attacks state B as a form of 'anticipatory' self-defence; or when state A first attacks state B as a form of 'pre-emptive' self-defence; or when state A attacks state B in order to prevent state B from committing gross human rights atrocities against its own nationals. In all of these latter situations, the current rules are unclear and therefore either make it impossible to distinguish between the aggressor state and the victim state or give the aggressor state an unfair advantage over the victim state. This book utilizes general principles of Criminal Law in an attempt to tackle these questions and ultimately to devise a solution for distinguishing between the aggressor and the victim state regardless of the circumstances. Attention has also been given to the field of international relations.
Full Product Details
Author: Olaoluwa Olusanya
Publisher: Verlag Peter Lang
Imprint: Verlag Peter Lang
Weight: 0.310kg
ISBN: 9783039107414
ISBN 10: 3039107410
Pages: 211
Publication Date: 03 August 2006
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Paperback
Publisher's Status: Active
Availability: In Print
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Reviews
-Olusanya's work is a useful one for suggesting fodder for thought when such judical explorations get under way.- (Roger S. Clark, Criminal Law Forum)
Olusanya's work is a useful one for suggesting fodder for thought when such judical explorations get under way. (Roger S. Clark, Criminal Law Forum)
Author Information
The Author: Olaoluwa Olusanya is Lecturer in Law at the University of Wales, Aberystwyth. He obtained his LL. B. Hons. degree from the University of Buckingham in the UK, his LL. M. degree from the University of Cape Town in South Africa and his LL. D. degree from the University of the Western Cape in South Africa. He is also affiliated with the International Law Association (British Branch), the Society for the Reform of Criminal Law and the European Society of Criminology. Olusanya has published several books on International Criminal Law. He is the series editor of the European and International Criminal Law Series.
