JOURNAL ARTICLE
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A Reply to Judge Eboe-Osuji
German Yearbook of International Law, Vol. 65 (2022), Iss. 1 : pp. 37–52
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Kreß, Claus
Abstract
Abstract: Judge Eboe-Osuji diagnoses a reluctance to fully integrate the anti-aggression regime into the contemporary international legal order. In order to overcome that state of affairs, he proposes a systemic integration of this regime into the law of international armed conflict so that the State that conducts a war of aggression cannot rely on the permissive rules of that body of law. While Judge Eboe-Osuji’s general observation is well-founded, his proposal meets with insurmountable obstacles as a matter of
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Claus Kreß\nA Reply to Judge Eboe-Osuji | 37 | ||
| I. Judge Eboe-Osuji’s Bold Call for a Systemic Integration of the ‘Anti-Aggression-Regime’ into the Law of International Armed Conflict | 38 | ||
| II. The Obstacles to the Proposed Systemic Integration as a Matter of Lex Lata | 41 | ||
| III. A Word of Caution as Regards the Proposed Systemic Integration as a Matter of Lex Ferenda | 44 | ||
| IV. A Different Proposal for Systemic Integration: The ‘Anti-Aggression-Regime’ and International Human Rights Law | 47 | ||
| V. Conclusion | 51 |