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Books > Law > International law > Public international law
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Aggressive War - An International Crime (Paperback, 1953 ed.)
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Aggressive War - An International Crime (Paperback, 1953 ed.)
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Six years after the rendering of the Nuremberg Judgment world
conditions are not such as to encourage a study on what constituted
its principal innovation in the legal field: the punishment of the
authors of aggressive war. The war alliance against the Axis Powers
which was the political basis of the Nuremberg Trial and of the
United Nation~ Organisation has broken up. Mutual fear, threats and
accusations and a gigantic armament race are the dominating factors
in international life during the cold war period, and the minds of
statesmen, military men and lawyers alike are more preoccupied with
the problem of how to win a possible third world war than with that
of preventing its occurrence and avoiding responsibility for its
outbreak. While the survival of their freedom and civilization is
at stake, the nations seem more intent on preparing for what is
vaguely and equivocally called 'self-defence' than on accepting and
assuring the reign of law. The strain of the protracted struggle in
Korea, moreover, seems to turn the first experiment with military
sanctions against an aggressor into a classic game of power
politics. It is not surprising that in such circumstances little
energy is displayed in efforts to implement the principles to which
the United Nations pledged themselves in Nuremberg, and that many
statesmen and lawyers seem prepared to abandon, at least for the
near future, the precedent of the time of alliance, expression of
confidence in the victory of law over force.
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