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Download Aggressive War: An International Crime by Cornelis Arnold Pompe PDF

By Cornelis Arnold Pompe

Six years after the rendering of the Nuremberg Judgment global stipulations usually are not corresponding to to inspire a research on what constituted its crucial innovation within the felony box: the punishment of the authors of competitive battle. The conflict alliance opposed to the Axis Powers which used to be the political foundation of the Nuremberg Trial and of the United kingdom~ enterprise has damaged up. Mutual worry, threats and accusations and a huge armament race are the dominating components in foreign lifestyles through the chilly battle interval, and the minds of statesmen, army males and legal professionals alike are extra preoccupied with the matter of the way to win a potential 3rd global struggle than with that of forestalling its incidence and fending off accountability for its outbreak. whereas the survival in their freedom and civilization is at stake, the international locations look extra motive on getting ready for what's vaguely and equivocally known as 'self-defence' than on accepting and assuring the reign of legislation. the stress of the protracted fight in Korea, furthermore, turns out to show the 1st scan with army sanctions opposed to an aggressor right into a vintage video game of strength politics. it isn't impressive that during such situations little power is displayed in efforts to enforce the rules to which the United countries pledged themselves in Nuremberg, and that many statesmen and legal professionals appear ready to desert, not less than for the close to destiny, the precedent of the time of alliance, expression of self belief within the victory of legislations over force.

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The impression is made that the Tribunal did not consider it so much its task to attribute responsibility for acts committed in international life, as to disclose the existence of a criminal design directed towards such acts. It would seem that not the accomplishment of aggressive wars but the general policy of which these wars were expression was the ground of the punishments. 1) Sir John Fischer Williams, The Covenant of the League of Nations and War, Cambridge Law Journal, 1933, p. 14. e. 48.

P. 49. 589. 'WAR' IN NUREMBERG AND TOKYO 31 made with the above motive cannot but be characterised as wars of aggression" 1). It was certainly not the intention to clarify by this statement the concept of war, but precisely because all attention is given to the aggressive intention, the reduncancy of the addition 'war' in the conception of the Tribunal can be deduced from it. An attack for the motive of territorial ambitions has always in resolutions and treaties been qualified as 'an act of aggression', or just 'aggression'.

Vol. 40, 1946, pp. 620 ff. 2) See below, p. 155. DISAPPEARANCE OF THE CONCEPT OF WAR 37 tion. And the Organisation has, besides, some important reasons for considering itself universal. It has far more members than the League ever had. As is evident from their requests all outside States desire to possess membership. And what is even more important, the collective action against North Korea has also, apart from constituting the first international enforcement action against an aggressor, set a precedent as an application of Article 2, paragraph 6, as it is directed against the non-member North Korea and is in assistance to the South Korean Republic also not belonging to the United Nations.

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