CYIL Vol. 6, 2015
CRIMES AGAINST PEACE IN NUREMBERG Article 1 of the London agreement gives an explanation on the IMT’s jurisdiction ratione loci : “… offenses have no particular geographical location ”. 26 Given the territory touched by the conflict from 1939 to 1945, it is understandable. The IMT in the course of the Trial have dealt with all the crimes under its jurisdiction committed in any country in the world. Jurisdiction ratione materiae of the Nuremberg Tribunal in general was envisaged in Article 6 of the Charter. It included: (a) crimes against peace; (b) war crimes; and (c) crimes against humanity. In the next section we will focus in detail on the first of them, namely, the crimes against peace. 3. Crimes against peace and its particularities As was said before, Article 6 of this Charter establishes the jurisdiction of the IMT over crimes against peace. This provision defines the crimes as „ planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing” . 27 A memorandum submitted by the UN Secretary-General distinguishes between two categories of crimes against peace: (I) planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances; and (II) participation in a common plan or conspiracy for the accomplishment of “any of the foregoing”. 28 This distinction was also reflected in the indictment of the IMT. Count One was titled ‘The common plan or conspiracy’. The statement of the offense under this count included planning, preparation and initiation of all the three crimes under the jurisdiction of the IMT. Count Two ‘Crimes against peace’ was seen as “ the planning, preparation, initiation, and waging of wars of aggression, which were also wars in violation of international treaties, agreements, and assurances .“ On the basis of this provision we may see that the IMT distinguished between two types of wars, namely: 1) the war of aggression; 2) wars in violation of international treaties, agreements, and assurances. The last category may be divided into three, namely in respect of the treaties, agreements, and assurances. The practice of the IMT in this regard did not follow the theory. In the indictment with reference to the statement of offense
DER NSDAP (commonly known as the “SA”); and the GENERAL STAFF and HIGH COMMAND of the GERMAN ARMED FORCES. 26 London Agreement, cited above. 27 Charter of the International Military Tribunal. London, 8 August 1945. URL:
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