Luban explores the United Nations’ conception of the crime of aggression and rejects the idea that all states have a duty of non-intervention into the affairs of other states. He maintains that such a duty exists only toward states that are legitimate, and that our concept of state sovereignty must take issues of moral legitimacy into account. Clear evidence can exist that a state is not based on the consent of its members. Furthermore, because states’ rights are derived from human rights, it is better to think about all of these issues not in terms of crimes against the state, but rather as crimes against its citizens
