Crimes against Peace' and International Law.

Crimes against Peace' and International Law.

A legal and historical analysis of the first modern attempts to prosecute national leaders for embarking upon aggressive war.

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Bibliographic Details
Main Author: Sellars, Kirsten
Format: eBook
Language:English
Published: Cambridge : Cambridge University Press, 2013.
Series:Cambridge studies in international and comparative law.
Subjects:
Crimes against peace > History.
Aggression (International law) > History.
International criminal law > History.
International crimes > History.
LAW > International.
Aggression (International law)
Crimes against peace
International criminal law
History
Online Access:Click for online access
Table of Contents:
  • Cover; 'Crimes against Peace' and International Law; Series; Title; Copyright; Dedication; Contents; Preface; Acknowledgements; Abbreviations; 1 The emergence of the concept of aggression; The 'rather delicate' task; The alleged crimes of Germany; American and Japanese reservations; The compromise over the tribunal; The Covenant's template for peace; The rise of jus contra bellum; Attempts to close the gaps in the Covenant; The Protocol and its critics; The significance of the Kellogg-Briand Pact; The expansive concept of self-defence; 'A bell sans tongue, a saw sans teeth'
  • The renewed search for a definitionAn objective standard; Aggression through proxies; Washington and 'qualified neutrality'; No moves towards criminalisation; 2 The quest for control; The ascendancy of Vishinsky; The messages of the Kharkov trial; Trainin returns to aggression; Enter UNWCC; The evolution of American policy; Constructing the trial plan; The British make their stand; Law and politics; 3 The creation of a crime; The question of individual responsibility; The problem of aggression; The issue of retroactivity; Excising the causes of war; The debate about definition.
  • More limits on aggressionThe 'common plan or conspiracy' proposal; A new legal regime; The timing of the charge; 4 Innovation and orthodoxy at Nuremberg; Jackson on custom; Maintaining the status quo; The British approach; The defence responds; Shawcross answers the defence; The French and the 'chain of crimes'; The jurists join the debate; A revolution in law; 5 The Allies and an ad hoc charge; Charges and counter-charges; The Molotov-Ribbentrop Pact in court; Norway and the violation of neutrality; The drafting of the Judgment; Judgment on the 'supreme' crime; The meaning of the sentences.
  • The critics of selectivityThe 'Nürnberg Principles' and opponents; 6 The elimination of militarism; The British involvement; The drafting of the Charter; The creation of the Indictment; A unique war?; The dual purpose of conspiracy; 'Plain ordinary murderers'; Final decisions; 7 Questions of self-defence; Innovation serves orthodoxy, again; Crimes against peace and opinio juris; Kellogg and self-defence; The ideological battle; Economic strangulation and military encirclement; The prosecution wavers; Clashes with the Soviets; The changing landscape; 8 Divisions on the bench at Tokyo.
  • Threats of resignationsMacArthur and the Acting President; The drafts of the Judgment; The historical analysis; One majority judgment and five opinions; Critics of the aggression charge; The final verdicts; A trial out of time; The limits of the law; 9 The uncertain legacy of 'crimes against peace'; The Soviets reprise Litvinov's definition; Cold War debates; The emergence of the non-aligned states; The Goa effect; Debates about a definition; Objective and subjective criteria; No revival of crimes against peace; The self-determination exception; The tide ebbs on Tokyo dissents; Postscript.

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