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(p. 131) 7. Torture and aggression 

(p. 131) 7. Torture and aggression
(p. 131) 7. Torture and aggression

Antonio Cassese

, Paola Gaeta

, Laurel Baig

, Mary Fan

, Christopher Gosnell

, and Alex Whiting

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date: 07 July 2020

This chapter discusses two classes of international crimes — torture and aggression — that have repeatedly drawn international attention and condemnation but have not been adjudicated as stand-alone crimes. It begins by considering the different reasons for the treatment — in practice, if not always in theory — of these two crimes as outside the ‘core crimes’ involving the most heinous offences: war crimes, crimes against humanity, and genocide. This is followed by discussions of torture as a discrete crime; torture as a war crime and a crime against humanity; the emergence of the notion of the crime of aggression and its falling into lethargy; the elements of the crime of aggression; the need to disentangle criminal liability of individuals from state responsibility; and whether conspiracy to wage aggression is criminalized.

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