Aggressive War: An International Crime by Cornelis Arnold Pompe

By Cornelis Arnold Pompe

Six years after the rendering of the Nuremberg Judgment global stipulations are usually not similar to to inspire a research on what constituted its imperative innovation within the felony box: the punishment of the authors of competitive battle. The warfare alliance opposed to the Axis Powers which used to be the political foundation of the Nuremberg Trial and of the United country~ agency has damaged up. Mutual worry, threats and accusations and a huge armament race are the dominating elements in foreign lifestyles through the chilly battle interval, and the minds of statesmen, army males and attorneys alike are extra preoccupied with the matter of the way to win a potential 3rd international conflict than with that of stopping its prevalence and averting accountability for its outbreak. whereas the survival in their freedom and civilization is at stake, the international locations appear extra reason on getting ready for what's vaguely and equivocally known as 'self-defence' than on accepting and assuring the reign of legislation. the tension of the protracted fight in Korea, in addition, turns out to show the 1st scan with army sanctions opposed to an aggressor right into a vintage video game of energy politics. it isn't striking that during such situations little strength is displayed in efforts to enforce the rules to which the United international locations pledged themselves in Nuremberg, and that many statesmen and attorneys look ready to desert, no less than for the close to destiny, the precedent of the time of alliance, expression of self belief within the victory of legislations over strength.

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The Judgment referred to these acts only as parts of the 'common plan or conspiracy', they were "premeditated aggressive steps in furthering the plan to wage aggressive war against other countries" and such a war would have been waged against these 1) See below, p. 198. 2) Judicial Decision of the International Military Tribunal, in Trial of the Major War Criminals before the International Military Tribunal, Nuremberg, 14 November 1945-1 October 1946, published at Nuremberg, Germany, Vol. 22, p.

Though the terminology used in the Judgment lends here and there to uncertainty 2), the distinction between these aggressive acts, only mentioned as evidence to substantiate the conspiracy charge, and the aggressive wars, for which he responsible defendants were punished, was on the whole strictly maintained by the Tribunal. This is especially evident from the individual convictions. Determining that Schacht's part in the occupation of Austria and in that of Sudetenland is too small to make him a participant in the common plan, the Tribunal adds that both these acts were not charged as aggressive wars.

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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