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反对和平的侵略和犯罪

【英语】 反对和平的侵略和犯罪 2012-08-05

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书名: Aggression and Crimes Against Peace (Philosophical and Legal Aspects of War and Conflict)
作者: Larry May (Author)
出版社: Cambridge University Press; 1 edition (April 21, 2008)
语言: English
ISBN-10: 052189431X
ISBN-13: 978-0521894319

Book Description
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. May argues that crimes of aggression, sometimes called crimes against peace, deserve international prosecution when one State undermines the ability of another State to protect human rights. His thesis refutes the traditional understanding of aggression, which often has been interpreted as a crossing of borders by one sovereign state into another sovereign state. 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.

Review
"Philosopher Larry May delivers a ground-breaking reassessment of what the Nuremberg Tribunal had identified as the 'supreme international crime.' Building upon his paradigm-shifting work on crimes against humanity and war crimes, May now reorients the debate regarding the scope and merits of criminalizing aggressive war. Especially noteworthy is his contention that aggression should be defined as a first wrong that violates human rights. May combines reason with creativity - and sophistication with accessibility - to offer a tour-de-force with interdisciplinary appeal to a wide audience." -- Mark Drumbl, Washington & Lee University School of Law

"This is a strong study of an important topic. Given the timing of its appearance and the quality of its argument, this work may have an important impact on international law itself." -- Steven Lee, Hobart & William Smith College

About the Author
Larry May is professor of philosophy at Washington University in St. Louis and Research Professor of Social Justice, Centre for Applied Philosophy and Public Ethics, Charles Sturt and Australian National Universityies. He is the author of numerous books, including The Morality of War; Crimes Against Humanity, which won an honorable mention from the American Society of International Law and best book award from the North American Society for Social Philosophy; and War Crimes and Just War, which won the Frank Chapman Sharp prize for the best book on the philosophy of war from the American Philosophical Association.

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