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International Law and the Use of Force by States$
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Ian Brownlie

Print publication date: 1963

Print ISBN-13: 9780198251583

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198251583.001.0001

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

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

(p.167) Chapter IX Charges of Crimes Against Peace Arising Out of the Second World War
International Law and the Use of Force by States

Ian Brownlie

Oxford University Press

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

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