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Encyclopedia > Crime against peace

A crime against peace, in international law, consists of starting or waging a war against the territorial integrity, political independence or sovereignty of a state, or in violation of international treaties, agreements or (legally binding) assurances. International law, is the body of law that regulates the activities of entities possessing international personality. Traditionally, that meant the conduct and relationships of states. ...


No legal authority exists for the definition of the terms "territorial integrity", "political independence" and "sovereignty". However, their face value would seem to disclose the following:


(a) The "territorial integrity" rule means that it is a crime of aggression to use armed force with intent permanently to deprive a state of any part of parts of its territory, not excluding territories for the foreign affairs of which it is responsible;


(b) The "political independence" rule means that it is a crime of aggression to use armed force with intent to deprive a state of the entirety of one or more of the prerequisites of statehood, namely: defined territory, permanent population, constitutionally independent government and the means of conducting relations with other States;


(c) The "sovereignty" rule means that it is a crime of aggression to use armed force with intent to overthrow the government of a state or to impede its freedom to act unhindered, as it sees fit, throughout its jurisdiction.


This definition of the crime of aggression belongs to jus cogens, which is supreme in the hierarchy of international law and, therefore, it cannot be modified by, or give way to, any rule of international law but one of the same rank. An arguable example is any rule imposing a conflicting obligation to prevent, interdict or vindicate crimes which also belong to jus cogens, namely aggression itself, crimes against humanity, genocide, war crimes, slavery, torture and piracy, so that a war waged consistent with the aim of repressing any of these crimes might not be illegal where the crime comes within the limit of proportionality relative to war and its characteristic effects. A peremptory norm (also called jus cogens, Latin for compelling law) is a fundamental principle of international law considered to have acceptance among the international community of states as a whole. ... International law, is the body of law that regulates the activities of entities possessing international personality. Traditionally, that meant the conduct and relationships of states. ... International law, is the body of law that regulates the activities of entities possessing international personality. Traditionally, that meant the conduct and relationships of states. ... A peremptory norm (also called jus cogens, Latin for compelling law) is a fundamental principle of international law considered to have acceptance among the international community of states as a whole. ... Aggression is sometimes used for beneficial purposes, for instance, by inducing intimidation and coercion during extremely rigorous physical training. ... This article is in need of attention. ... Genocide is defined by the JERRFGGHH and Punishment of the Crime of Genocide]] (CPPCG) article 2 as any of the following acts part, a national, ethnic, racial or religious group, as such: Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting... A war crime is a punishable offense, under international law, for violations of the law of war by any person or persons, military or civilian. ... The Buxton Memorial Fountain, celebrating the emancipation of slaves in the British Empire in 1834, London. ... The Iron Maiden of Nuremberg is an infamous and rarely used torture device. ... Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owners exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. ... The word proportionality may have one of a number of meanings: In mathematics, proportionality is a mathematical relation between two quantities. ... An act of war - the atomic bombing of Nagasaki, Japan on August 9, 1945, effectively ending World War II. The bombs over Hiroshima (August 6) and Nagasaki immediately killed over 120,000 people. ...


For committing this crime, the Nuremberg Tribunal sentenced a number of persons responsible for starting World War II. One consequence of this is that nations who are starting an armed conflict must now argue that they are either exercising the right of self-defense, the right of collective defense, or - it seems - the enforcement of the criminal law of jus cogens. It has made formal declaration of war uncommon after 1945. Combatants Allied Powers Axis Powers Commanders {{{commander1}}} {{{commander2}}} Strength {{{strength1}}} {{{strength2}}} Casualties 17 million military deaths 8 million military deaths {{{notes}}} World War II, also known as the Second World War, was a military conflict that took place between 1939 and 1945. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... A peremptory norm (also called jus cogens, Latin for compelling law) is a fundamental principle of international law considered to have acceptance among the international community of states as a whole. ... It has been suggested that police action be merged into this article or section. ...


In 1927, the Kellogg-Briand Pact, known as the General Treaty for the Renunciation of War, said: 1927 (MCMXXVII) was a common year starting on Saturday (link will take you to calendar). ... The Kellogg-Briand Pact, also known as the Pact of Paris, after the city where it was signed on August 27, 1928, is an international treaty providing for the renunciation of war as an instrument of national policy. ...

The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it, as an instrument of national policy in their relations with one another.

The United Nations Charter says in Article 1: The United Nations (UN) is an international organization that describes itself as a global association of governments facilitating cooperation in international law, international security, economic development, and social equity. ... A charter is a document bestowing certain rights on a town, city, university, land or institution; sometimes used as a loan of money. ...

The Purposes of the United Nations are:
  1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
  2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

The interdiction of aggressive war was confirmed and broadened by the United Nations' Charter, which states in article 2, paragraph 4 that

All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

Article 33

The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

Article 39

The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.


In 1950, the Nuremberg Tribunal defined Crimes against Peace (in Principle VI.a, submitted to the United Nations General Assembly) as 1950 (MCML in Roman) was a common year starting on Sunday (link will take you to calendar). ... The Nuremberg Trials is the name for two sets of trials of Nazis involved in World War II and the Holocaust. ... United Nations General Assembly The United Nations General Assembly (GA) is one of the six principal organs of the United Nations. ...

(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).

During the trial, American judge Robert H. Jackson stated: Justice Jackson Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was United States Attorney General (1940 - 1941) and an Associate Justice of the United States Supreme Court (1941 - 1954). ...

To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.

See also

The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ... In international law, a war of aggression is generally considered to be any war for which the purpose is not to repel an invasion, or respond to an attack on the territory of a sovereign nation. ...

External links

  • Genocide of Tamils in Sri Lanka

  Results from FactBites:
 
Crime against peace - Wikipedia, the free encyclopedia (731 words)
A crime against peace, in international law, consists of starting or waging a war against the territorial integrity, political independence or sovereignty of a state, or in violation of international treaties, agreements or (legally binding) assurances.
(c) The "sovereignty" rule means that it is a crime of aggression to use armed force with intent to overthrow the government of a state or to impede its freedom to act unhindered, as it sees fit, throughout its jurisdiction.
This definition of the crime of aggression belongs to jus cogens, which is supreme in the hierarchy of international law and, therefore, it cannot be modified by, or give way to, any rule of international law but one of the same rank.
Crime against humanity - Wikipedia, the free encyclopedia (778 words)
A crime against humanity is a term in international law that refers to acts of murderous persecution against a body of people, as being the criminal offence above all others.
The systematic persecution of African people by the South African apartheid government was recognized as a crime against humanity by the United Nations in 1976.
For example, Nazi attempts to eliminate certain ethnic groups were recognized as having been crimes against humanity, yet Soviet persecutions of certain groups or terror bombing of the civilian population were not.
  More results at FactBites »

 
 

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