International Law

'Crimes against Peace' and International Law

By Kirsten Sellars
Cambridge University Press March 2013

Specifications

ISBN-13
9781107028845
Publisher
Cambridge University Press
Publication
March 2013
Format
Hardback , 335 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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• Presents a wide range of hitherto unpublished archival documents and makes use of illuminating material to support original insights

Table of Contents

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

About the Author

Kirsten Sellars
National University of Singapore

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