The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.
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. His thesis refutes the traditional understanding of aggression. 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.
This book provides a broad and contemporary overview of aggression and violence by some of the most internationally renowned researchers in the field. It begins with an integrative theoretical understanding of aggression and shows how animal models shed light on human aggression and violence. Individual risk factors for aggression and violence from different research perspectives are then examined. First, there is a cognitive neuroscientific, neuropsychological, and psychophysiological study of the brain. It then explores the developmental psychological factors in aggressive behavior, incorporating work on gender and the family. Other perspectives include the role of testosterone, individual differences, and whether humans are innately wired for violence. The following sections moves from the individual to the contextual risk factors for aggression, including work on the effects of adverse events and ostracism, guns and other aggressive cues including violent media, and drugs and alcohol. Targets of aggression and violence are covered in the next section, including violence against women and loved ones; aggression between social groups; and the two very contemporary issues of cyberbullying and terrorism. The book concludes with work showing how we may make the world a more peaceful place by preventing and reducing aggression and violence. The volume is essential reading for upper-level students and researchers of psychology and related disciplines interested in a rigorous and multi-perspective overview of work on aggression and violence.
From a team of leading experts comes a comprehensive, multidisciplinary examination of the most current research including the complex issue of violence and violent behavior. The handbook examines a range of theoretical, policy, and research issues and provides a comprehensive overview of aggressive and violent behavior. The breadth of coverage is impressive, ranging from research on biological factors related to violence and behavior-genetics to research on terrrorism and the impact of violence in different cultures. The authors examine violence from international cross-cultural perspectives, with chapters that examine both quantitative and qualitative research. They also look at violence at multiple levels: individual, family, neighborhood, cultural, and across multiple perspectives and systems, including treatment, justice, education, and public health.
Beyond Violence: A Prevention Program for Women is a forty-hour, evidence-based, gender-responsive, trauma-informed treatment program specifically developed for women who have committed a violent crime and are incarcerated. This program offers counselors, mental health professionals, and program administrators the tools they need to implement a gender-responsive, trauma-informed treatment program within the criminal justice system. This Participant Workbook helps participants understand the relationships between thoughts, feelings, and behaviors; learn new skills, including communication, conflict resolution, decision making, and calming soothing techniques; and become part of a group of women working to create a less violent world.
A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
The book focuses specifically on aggressive offenders and is divided into two parts. Part I deals with sexual abusers whilst Part II is concerned with violent offenders. Each part discusses theory, latest research and treatment related information. Emphasis is placed on discussing cognition in context i.e. identifying the factors impacting upon and related to offenders’ cognition.