Pirates in Suits: Carl Schmitt, ‘Ordinary Businessmen’ and Crimes of Aggression

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Pirates in Suits: Carl Schmitt, ‘Ordinary Businessmen’ and Crimes of Aggression. / Jeutner, Valentin.

In: Nordic Journal of International Law, Vol. 88, No. 3, 08.2019, p. 459-487.

Research output: Contribution to journalArticle

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TY - JOUR

T1 - Pirates in Suits: Carl Schmitt, ‘Ordinary Businessmen’ and Crimes of Aggression

AU - Jeutner, Valentin

PY - 2019/8

Y1 - 2019/8

N2 - The article critically appraises Carl Schmitt’s 1945 expert opinion on The International Crime of the War of Aggression and the Principle ‘nullum crimen, nulla poena sine lege’. Each element of Carl Schmitt’s expert opinion is subjected to close scrutiny and contextualised with references, where appropriate, to the icc’s recently acquired jurisdiction to try crimes of aggression. It is shown that Schmitt’s legal arguments are on the whole tenable but that the expert opinion’s assumptions about the position of the ability of ‘ordinary’ citizens to assess their own actions are very problematic.

AB - The article critically appraises Carl Schmitt’s 1945 expert opinion on The International Crime of the War of Aggression and the Principle ‘nullum crimen, nulla poena sine lege’. Each element of Carl Schmitt’s expert opinion is subjected to close scrutiny and contextualised with references, where appropriate, to the icc’s recently acquired jurisdiction to try crimes of aggression. It is shown that Schmitt’s legal arguments are on the whole tenable but that the expert opinion’s assumptions about the position of the ability of ‘ordinary’ citizens to assess their own actions are very problematic.

KW - International law

KW - Internationell rätt

U2 - 10.1163/15718107-08803004

DO - 10.1163/15718107-08803004

M3 - Article

VL - 88

SP - 459

EP - 487

JO - Nordic Journal of International Law

JF - Nordic Journal of International Law

SN - 0902-7351

IS - 3

ER -