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Topic: Crime of international aggression

	Crime against peace - Wikipedia, the free encyclopedia
		A crime against peace, in international law, refers to the act of military invasion as a war crime, specifically referring to starting or waging war against the integrity, independence, or sovereignty of a territory or state, or else a military violation of relevant international treaties, agreements or legally binding assurances.
		The definition of crimes against peace was first incorporated into the Nuremberg Principles and later included in the United Nations Charter.
		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.
	en.wikipedia.org /wiki/Crime_against_peace (912 words)

	International Criminal Court - Wikipedia, the free encyclopedia
		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.
		Under customary international law a state that has signed but not ratified a treaty is obliged to refrain from acts which would defeat the object and purpose of the treaty.
		Israel initially objected to the Rome Statute because of the clause defining "the war crime of the transfer of parts of the civilian population of an occupying power into occupied territory", which it feared implied that settlement activity in the occupied territories is a "war crime" and "grave offense".
	en.wikipedia.org /wiki/International_Criminal_Court (3315 words)

	International Criminal Court (Site not responding. Last check: 2007-10-26)
		The International Criminal Court (ICC) was established in 2003 as a permanent tribunal to prosecute and try individuals for the crime of genocide, crimes against humanity, and war crimes, as defined by several international agreements.
		The first international court to try war crimes was the International Military Tribunal (IMT) which held the Nuremberg Trials, the trial of major Nazi war criminals after World War II.
		It is unclear whether the ICC would reopen investigation of war crimes related to the incident on the Basran 'Highways of Death' and the use of weapons which incorporate depleted uranium.
	bopedia.com /en/wikipedia/i/in/international_criminal_court.html (2455 words)

	H.E. Mr.Vladislav Jovanovic: AGGRESSION - A CRIME AGAINST HUMANITY
		The aggression against the Federal Republic of Yugoslavia is a continuation of interference in the internal affairs of that State that dates back to a much earlier period and is exemplified, among others, by the instigation of secessionism in some of its former Republics, which resulted in civil war.
		The aggression and the deployment of KFOR were followed by genocide against the Serbs and other non-Albanians in Kosovo and Metohija, and the countries that took part in the aggression did nothing to prevent it.
		International humanitarian law, exemplified by four Geneva Conventions of 1949 and the Additional Protocol of 1997, provides for the protection of civilian population, civilian facilities, cultural institutions and shrines and the protection of the environment.
	www.iacenter.org /warcrime/jovanovic.htm (1759 words)

	aggressuib
		Prior to the first world war, aggression had not yet been declared to be an international crime and war was still perceived as a legitimate means of achieving political objectives.
		For the latter aggression the Soviet Union was formally expelled from the League of Nations in December 1939.
		The consensus of international law experts is that preventive or pre-emptive war is not compatible with article 51 of the charter, which requires an existing “armed attack” and places overall responsibility on the Security Council.
	www.alfreddezayas.com /Chapbooks/aggression.shtml (2163 words)

	Kenya: Rape - the invisible crime - Amnesty International (Site not responding. Last check: 2007-10-26)
		The International Criminal Tribunal for Rwanda, in a 1996 judgement, noted the lack of an international legal definition and went on to define rape as: ''a physical invasion of a sexual nature, committed on a person under circumstances which are coercive.
		Amnesty International's view, as expressed in a recent report on torture and ill-treatment of women, is that ''due diligence includes taking effective steps to prevent abuses, to investigate them when they occur, to prosecute the alleged perpetrator and bring them to justice in fair proceedings, and to ensure adequate reparation, including compensation and redress.
		Amnesty International was told by one human rights lawyer that even the adult sons of a woman, believing that this was a customary requirement, would force their mother to be inherited for fear of terrible consequences.
	web.amnesty.org /library/Index/engafr320012002 (11859 words)

	JURIST - Cohn: The Crime of Aggression - What Is It and Why Doesn't the U.S. Want the International Criminal Court to ...
		The Nuremberg Charter proclaims the principle that "individuals have international duties which transcend the national obligations of obedience imposed by individual states." The fact that a defendant acted under orders from a superior did not absolve him of responsibility, although it was considered in mitigation of punishment.
		Aggression could also conceivably be defined to outlaw preemptive strikes and the kind of naval blockade President John F. Kennedy used during the Cuban Missle Crisis.
		Without inclusion of the crime of aggression in the Statute of the ICC and giving the jurisdiction of the ICC over it there is no sense in the establishment of that court.
	jurist.law.pitt.edu /forum/forumnew18.HTM (3083 words)

	Crimes within the Court's Jurisdiction
		To hold individuals accountable for war crimes or crimes against humanity while granting impunity to the architects of the conflict in which those crimes occurred is not justifiable.
		Others also hope that holding individuals responsible for the crime of aggression will act as a deterrent, and that by deterring an aggressor from beginning a conflict that may lead to a conflagration, the attendant war crimes and crimes against humanity might therefore also be prevented.
		The definition of crimes against humanity contained in the Nürnberg Charter included the requirement that the prohibited acts be committed in connection with crimes against peace or war crimes.
	www.un.org /icc/crimes.htm (2913 words)

	The Avalon Project : International Conference on Military Trials : London, 1945 - Minutes of Conference Session of July ...
		Where a state would launch a war of aggression and not conduct that war according to rules of international law, it would be desirable to punish them as criminals, but it would not be criminal for only launching a war of aggression.
		It is said very often that a war of aggression is an international crime, as a consequence of which it is the obligation of the aggressor to repair the damages caused by his actions.
		It may be a crime to launch a war of aggression on the part of a state that does so, but that does not imply the commission of criminal acts by individual people who have launched a war.
	www.yale.edu /lawweb/avalon/imt/jackson/jack37.htm (6491 words)

	Why War? Keywords: International Criminal Court
		...fs and farm subsidies, his refusal to involve the United States in the new international criminal court and what is widely regarded abroad as one-sided support for Israel and its...
		To quash the International Criminal Court (ICC), for example, the administration threatened in June to withdraw all...
		The People's Republic of China has expressed opposition to even the other states involved going ahead with it, claiming that the Statute is an attempt to interfere with the domestic affairs of sovereign states.
	www.why-war.com /encyclopedia/read.php?offset=45&id=145&sortby= (2786 words)

	Grotian Moment Blog \| Issue #15: Should Saddam Hussein be Prosecuted for the Crime of Aggression?
		The crime of aggression (or ‘crimes against peace’) was punishable at Nuremberg, where it was defined as ‘planning, preparation, initiation or waging of a war of aggression or participation in a common plan or conspiracy for the accomplishment’ of such a war.
		The International Military Tribunal responded to the charge that this was retroactive criminalization by saying that aggression had been an international crime as a matter of customary international law prior to 1939.
		Possibly, by shifting focus away from Hussein’s crimes of aggression and on to the violence he perpetrated against Iraqis, the IST can articulate to its global audience that domestic war crimes produce the same horrible results as those committed internationally, obliterating any distinction as to where the atrocities occur.
	www.law.case.edu /saddamtrial/entry.asp?entry_id=21 (3564 words)

	Can aggression be deterred by law?
		The statute described "the crime of aggression" as a "customary law crime." The distinguished lawyers on the ILC described aggression as a peremptory norm binding on all states and, without specifying any more detailed definition, advised that it should be left to practice to determine the exact contours of the crime..
		The definition of aggression can then be put to rest and the ICC would have authority to act on aggression as soon as the amendment has been passed by the requisite number of votes as required by the Rome Statute.
		Aggression did not seem to be an issue in the internal strifes of Yugoslavia or Rwanda and that crime was not included in the jurisdiction of the ad hoc penal courts.
	www.derechos.org /nizkor/doc/articulos/ferencz1.html (5008 words)

	International Criminal Court : Frequently asked questions
		States representative of the international community met in order to negotiate and agree upon the establishment of a treaty based International Criminal Court to help end impunity and the gross violations of international humanitarian law.
		Based in the Hague, The Nederlands, the International Criminal Court is the first ever permanent international institution, with jurisdiction to prosecute individuals responsible for the most serious crimes of international concern : genocide, crimes against humanity and war crimes.
		The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to it.
	www.icc-cpi.int /about/ataglance/faq.html (985 words)

	United Nations General Assembly Resolution 3314 (XXIX). Definition of Aggression
		Basing itself on the fact that one of the fundamental purposes of the United Nations is to maintain international peace and security and 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,
		Believing that, although the question whether an act of aggression has been committed must be considered in the light of all the circumstances of each particular case, it is nevertheless desirable to formulate basic principles as guidance for such determination,
		Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition.
	jurist.law.pitt.edu /3314.htm (931 words)

	The crime of (opposing) war \| Greenpeace International
		The invasion set a precedent under which India should be allowed to attack Pakistan on suspicions of aggression, Israel should be allowed to bomb Iranian nuclear facilities suspected of weapons activities, and Israel's own nuclear arsenal could be cited as a justifiable cause for invasion by any of its neighbours.
		In his controversial legal advice the Attorney General certainly believed so, he stated, "Aggression is a crime under customary international law which automatically forms part of domestic law".
		The majority of international lawyers have since agreed the war was illegal.
	www.greenpeace.org /international/news/the-crime-of-opposing-war240206 (799 words)

	Bush-Terror, The 'Supreme International Crime'
		To initiate a war of aggression is, very simply, the “supreme international crime” condemned at Nuremberg.
		Amnesty International reported that, “20 Iraqi medical staff [doctors and nurses] and dozens of other civilians were killed when a missile hit a Fallujah clinic on 09 November 2004”.
		A non-violent international movement for justice and freedom must challenge those responsible for the violence and crimes and bring them to justice.
	www.informationclearinghouse.info /article7314.htm (1146 words)

	The Bush Administration's Assault on International Law, by David Krieger, September 29, 2002
		The alternative is international anarchy, irreversible environmental degradation and destruction, the proliferation of weapons of mass destruction, and perhaps also a proliferation of wars unconstrained by the principles of a peaceful world order that the United States helped establish a half-century ago.
		International law is essential in the twenty-first century because powerful technologies and integrated economies cannot be constrained by national boundaries.
		If the United States continues to shirk, even denounce, its responsibilities to uphold international law across a range of global problems and concerns, it will tear open the fabric of world security and international cooperation, and leave the future of the human race, including the United States, in extreme peril.
	www.wagingpeace.org /articles/2002/09/29_krieger_bush-assault.htm (341 words)

	t r u t h o u t - Marjorie Cohn \| Aggressive War: Supreme International Crime
		He also said: "If certain acts in violation of treaties are crimes they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us."
		"Aggression is the use of armed force by a state against the sovereignty, territorial integrity or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations, as set out in this definition," according to General Assembly Resolution 3314, passed in the wake of Vietnam.
		Bush and the officials in his administration are committing the crime of aggression.
	www.truthout.org /docs_04/110904A.shtml (1447 words)

	Issues: International Law: Nuremberg Principles
		Principle II The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.
		Principle IV The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.
		Any person charged with a crime under international law has the right to a fair trial on the facts and law.
	www.wagingpeace.org /menu/issues/international-law/start/un-nuremberg-principles.htm (306 words)

	'Just World News' by Helena Cobban: "The supreme international crime"
		The big jus ad bellum crime, by contrast, is the crime of waging an unjustified war in the first place-- regardless of whether or not specific and smaller-order "war crimes" are committed within it.
		This became the accepted international standard for "preemptive" military action, and was cited as such by the judges at Nuremberg using [U.S. Secretary of State Daniel] Webster's precise wording.
		Legal scholars and international jurists often conditioned the legitimacy of preemption on the existence of an imminent threat -- most often a visible mobilization of armies, navies, and air forces preparing to attack.
	justworldnews.org /archives/001061.html (3051 words)

	Jeff Davis Online
		Count 1: The Bush administration authorized a war of aggression against Iraq, unconnected to the Al Qaeda attack on the United States on September 11, 2001, committing a crime against the peace.
		The UN states that a war of aggression is a crime against international peace.
		In response to the tragedy of the Holocaust laid bare at Nuremberg, the United Nations assigned legal committees to codify international law and establish a permanent international criminal court.
	jeffdavisonline.com /print.php?sid=1045 (2323 words)

	International Military Tribunal "Blue Series," Vol. 3, p. 96 (Site not responding. Last check: 2007-10-26)
		Nor was it only the operation of the League which gave ground, and good ground, for hope that at long last the rule of law would replace anarchy in the international field.
		In 1933 the Soviet Union became a party to a large number of treaties containing a detailed definition of aggression, and the same definition appeared in the same year in the authoritative report of the Committee on Questions of Security set up in connection with the Conference for the Reduction and Limitation of Armaments.
		But at this time states were going beyond commitments to refrain from wars of aggression and to assist states which were victims of aggression.
	www.holocaust-history.org /works/imt/03/htm/t096.htm?size=1 (288 words)

	This Court Would Be Criminal/Congressional Republicans' just war on the International Criminal Court [Free Republic]
		Naturally, the Clinton administration complained that it was irresponsible to introduce such a proposal in the midst of delicate international negotiations.
		The very preamble of the Rome statute admonishes that it is "the duty of every state to exercise its criminal jurisdiction over those responsible for international crimes." And the treaty does not limit this admonition to countries trying their own nationals.
		There is at present a special international tribunal for Yugoslavia which actually did issue an indictment of Milosevic.
	www.freerepublic.com /forum/a395b468e4096.htm (1382 words)

	Performance Report
		Terrorism is an international crime, like piracy, war crimes, crimes against humanity (genocide), torture, and aggression.
		An international crime is one which violates values considered important by the whole international community.
		When an act is characterized as an international crime, this implies that the criminals may be prosecuted and punished by any state.
	miriam.com.ph /t060399.htm (2208 words)

	Principles of the Nuremberg Tribunal, 1950 (Site not responding. Last check: 2007-10-26)
		Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal.
		The conclusion was that since the Nuremberg Principles had been affirmed by the General Assembly, the task entrusted to the Commission was not to express any appreciation of these principles as principles of international law but merely to formulate them.
		Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principles VI is a crime under international law.
	deoxy.org /wc/wc-nurem.htm (410 words)

	International Humanitarian Law - Principles Nuremberg Tribunal 1950
		Principles of International Law Recognized in the Charter of the Nüremberg Tribunal and in the Judgment of the Tribunal, 1950.
		Principle II The fact that international law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.
		Principle VI The crimes hereinafter set out are punishable as crimes under international law:
	www.icrc.org /ihl.nsf/FULL/390?OpenDocument (350 words)

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