Economic sanctions — страница 7

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âîîðóæ ё ííîå an attack » and should not be allocated in the responsibility of a separate kind âîîðóæ ё ííîé of aggression? By no means is not present. The agressive war is and continues to remain the kind, most dangerous and attracting the widest international responsibility, âîîðóæ ё ííîé of aggression. In spite of the fact that now from life of company, the danger of agressive wars, both in world(global), and in local frameworks has not disappeared. As to the responsibility for agressive war, that, as is known, before the second world(global) war the agressive war was announced by an international crime, and in the Charter and sentences of the International military tribunal in Nuremberg, in which the principles becoming then principles of the

international law are formulated, they are qualified as « crimes against the world ». The concept of agressive war develops of two components: concept of war and concept àãðåññèâíîñòè or aggression. However neither that, nor other concept has not the conventional definition(determination) in the international law. The majority of the lawyers - международников for want of definition(determination) of concept of war the recognitions by them of a condition of war are guided by by formal criterion of the announcement of war, availability at the struggling parties animus belligerenti. For example, Л. Îïïåíãåéì writes: « the Unilateral violent actions, one state against other without the preliminary announcement of war, can be the reason of

occurrence of war, but in themselves are not war, as the opposite party does not answer them by similar hostile actions, or, at least, declaration, that they consider these actions as the sertificates(acts) of war » 1. The australian lawyer - международник Äæ. Ñòðàðê states the same point of view;!from the point of view of åù ё sharply. As he said, « a Nature of war in itself becomes more exact îïðåäåë ё ííîé as the formal status âîîðóæ ё ííûõ of hostile actions, in which the intention of the parties should be a determinative. Thus, the condition of war can be established(installed) between two and more by states ïóò ё ì of the formal announcement of war, even between them active military actions » 1 never took place. It is a

point of view;!from the point of view of of the majority of the lawyers - международников does not correspond(meet) to the validity, as the state quite often begins military actions without any announcement of war and, nevertheless, both âðàæäóþùèå of country appear in a condition of war. In soviet « the Diplomatic dictionary » yes ё òñÿ the following definition(determination) of war: « War - struggle between the states and classes by means âîîðóæ ё ííîãî of violence representing continuation of that policy(politics), which these states or the classes conducted before war ». The agressive war it is indispensable çàõâàòíè÷åñêàÿ war, which âåä ё òñÿ àãðåññîðîì to seize a part of territory of the state -

victim of aggression or completely to deprive of his(its) independent state existence. The agressive war is accompanied by claims of the state - àãðåññîðà on annexation of a part or whole territory of the state being a victim of aggression. This attribute is inherent just in agressive war, instead of all kinds of aggression. From a formal point of view;!from the point of view of the war as against other âîîðóæ ё ííûõ of the conflicts, as a rule, is connected to break of diplomatic, consular, trade and other normal attitudes(relations) between the struggling states. Hence, the agressive war is âîîðóæ ё ííàÿ struggle begun by one state against other with the purpose of grab of a part of his(its) territory or deprivation of his(its) independent state

existence and accompanying with break of diplomatic, consular, trade and other normal attitudes(relations) between these states. The agressive war is those irrespective of, has a place the announcement of war whether or not. From it by no means does not follow, that the ìåæäóíàðîäíî-rules of law concerning war have lost force. « For the state beginning war first, the sertificate(act) of the announcement of war does not mean clearing it(him) from the responsibility for ðàçâÿçûâàíèå of aggression » 1. However íà÷àòèå of war without the announcement aggravates this responsibility, as means infringement not only norms about prohibition of agressive war, but also norms concerning management of war. The largest and typical example of agressive war is