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Aggressive War: An International Crime by Cornelis Arnold Pompe PDF

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By Cornelis Arnold Pompe

Six years after the rendering of the Nuremberg Judgment global stipulations aren't resembling to inspire a research on what constituted its primary innovation within the felony box: the punishment of the authors of competitive conflict. The battle alliance opposed to the Axis Powers which was once the political foundation of the Nuremberg Trial and of the United state~ employer has damaged up. Mutual worry, threats and accusations and a huge armament race are the dominating elements in overseas lifestyles through the chilly conflict interval, and the minds of statesmen, army males and attorneys alike are extra preoccupied with the matter of ways to win a potential 3rd global battle than with that of stopping its incidence and warding off accountability for its outbreak. whereas the survival in their freedom and civilization is at stake, the countries appear extra purpose 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, in addition, turns out to show the 1st test with army sanctions opposed to an aggressor right into a vintage online game of strength politics. it's not remarkable that during such situations little strength is displayed in efforts to enforce the rules to which the United countries pledged themselves in Nuremberg, and that many statesmen and attorneys look ready to desert, at the least for the close to destiny, the precedent of the time of alliance, expression of self belief within the victory of legislation over force.

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By a similar construction the Tribunal determined japan's aggressive war against the Netherlands notwithstanding the fact that the Dutch declared war against Japan six weeks before Japan did so and actually attacked the Dutch Indies. Also this country was in the forementioned Naval order indicated as 'expected enemy', with whom there would be a state of war from midnight 8 December onwards. Says the Court: "recognising the existence of a state of war and faced by the imminent threat of invasion of her Far Eastern territories, which the conspirators had long planned and were now about to execute, the Netherlands in selfdefence declared war on Japan" 5).

3) 38 WAR the exercise of this privilege l ). The 'state of war' disappeared the moment a higher instance received the competence to decide that a given resort to war was an illegal act. The traditional concept of war was bilateral; the same juridical concept cannot be used to indicate simultaneously a lawful and an illegal proceeding. To-day 'war' is either a sanction or a crime and therefore 'war' does no more exist 2). 1) See below, Chapter III, section 4. 2) Cf, Carl Schmitt, Die Wendung zum diskriminierenden Kriegsbegriffs, Scbriften der Akademie fiir Deutsches Recht (Miinchen 1938).

Publ. 1949. V. 7. 49. , pp. 435-459. See Rowland Kenney, The Northern Tangle, London 1946, pp. 156-178. 24 WAR against the declaration of independence by Iceland, occupied by the American army. And still stronger evidence is given by Denmark's adherence in 1941, under pressure of course, to the Anti-Komintern Pact. These facts exclude the simultaneous existence of a state of war with the occupying power, also a party to the same' Pact. Denmark's position can perhaps best be compared with that of Iran under Anglo-Russian occupation during the second part of the war.

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