Chapter

Charges of Crimes Against Peace Arising Out of the Second World War

Ian Brownlie

in International Law and the Use of Force by States

Published in print March 1963 | ISBN: 9780198251583
Published online March 2012 | e-ISBN: 9780191681332 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198251583.003.0009
Charges of Crimes Against Peace Arising Out of the Second World War

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This chapter discusses the charges of crimes against peace arising out of the Second World War. It begins with the trial of German major war criminals. Defence criticisms of the counts relating to crimes against peace were most fully developed by Dr. Jahrreiss. He examined the question of the ex post facto nature of the penal law in the Charter of the Tribunal. The opinion of the Tribunal on the legal basis of the counts charging crimes against peace is illustrated. French and United States military tribunals were concerned with trials under Law No. 10. The application in National Jurisdictions of the concept of crimes against peace, provisions relating to crimes against peace in the peace treaties, and crimes against peace in relation to legislation on treason, collaboration, and analogous offences are also discussed. The evidence that crimes against peace as defined in the Charters of the International Military Tribunals at Nuremberg and Tokyo have been accepted as a part of Positive Law since 1946. The affirmation of Article 6 of the Charter annexed to the London agreement by United Nations Organs is explored.

Keywords: German war criminals; Second World War; crimes against peace; penal law; Nuremberg; Tokyo; peace; military tribunals; Jahrreiss

Chapter.  14625 words. 

Subjects: Public International Law

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