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'Crimes against Peace' and International Law

'Crimes against Peace' and International Law

'Crimes against Peace' and International Law

Author: Kirsten Sellars
Publisher: Cambridge University Press
ISBN: 9781107028845
Published In: March 2013
Format: Hardback , 335 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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In 1946, the judges at the International Military Tribunal at Nuremberg declared 'crimes against peace' – the planning, initiation or waging of aggressive wars – to be 'the supreme international crime'. At the time, the prosecuting powers heralded the charge as being a legal milestone, but it later proved to be an anomaly arising from the unique circumstances of the post-war period. This study traces the idea of criminalising aggression, from its origins after the First World War, through its high-water mark at the post-war tribunals at Nuremberg and Tokyo, to its abandonment during the Cold War. Today, a similar charge – the 'crime of aggression' – is being mooted at the International Criminal Court, so the ideas and debates that shaped the original charge of 'crimes against peace' assume new significance and offer valuable insights to lawyers, policy-makers and scholars engaged in international law and international relations.

• Provides a comprehensive legal investigation of the 'crimes against peace' charge brought at the Nuremberg and Tokyo tribunals

• Identifies the limitations of some older arguments and draws out the lessons to be derived from the charge

• Presents a wide range of hitherto unpublished archival documents and makes use of illuminating material to support original insights

Preface	ix
Acknowledgements	xiii
List of abbreviations	xiv
1 The emergence of the concept of aggression	1
2 The quest for control	47
3 The creation of a crime	84
4 Innovation and orthodoxy at Nuremberg	113
5 The Allies and an ad hoc charge	140
6 The elimination of militarism	176
7 Questions of self-defence	204
8 Divisions on the bench at Tokyo	234
9 The uncertain legacy of ‘crimes against peace’	260
Postscript	288
Bibliography	294
Index	306

Kirsten Sellars
National University of Singapore

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