What is the Specific Evil of Aggression?

Mégret, Frédéric; Grover, Leena

doi:10.1017/9781139058360.053

Cited by 7 publications

(1 citation statement)

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“…Frédéric Mégret has again persuasively argued that aggression also is violative of their rights, that 'the aggressor state is liable for the totality of the consequences of the war it has unleashed'. 149 General Comment No. 36 also entails an expansion of the interpretation of the scope of jurisdiction under the International Covenant on Civil and Political Rights going beyond situations of effective control over persons or territory: a State party has an obligation to respect and to ensure the rights under article 6 of all persons who are within its territory and all persons subject to its jurisdiction, that is, all persons over whose enjoyment of the right to life it exercises power or effective control.…”

Section: A the Right To Life And Aggressionmentioning

confidence: 99%

Accident and Design: Recognising Victims of Aggression in International Law

Darcy¹

2021

ICLQ

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International law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

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Section: A the Right To Life And Aggressionmentioning

confidence: 99%