CYIL 2015

45 / 464

31
CRIMES AGAINST PEACE IN NUREMBERG
criminal law for a long time. Therefore, in practice, the IMT took this substance into
account when delivering its conclusions.
Let us have a look more carefully on the particularities of the crimes against peace
in the Judgment of the IMT. As we have seen already, all twenty two33 defendants
were accused of committing Counts One and Two. Count One, as was said before,
envisages the planning, preparation, initiation or execution of a war of aggression.
It is of interest to study how these acts were performed. Analysis of the Judgments
shows that preparation for war took place in a number of ways. There are seven
key possibilities: 1) military, 2) diplomatic, 3) legislative, 4) political, 5) economical,
6) educational, and 7) media/propagative.
Regarding military preparation for a war of aggression, the Judgment in the part
relating to Goeringdirectly states that he “was the planner and prime mover in the military
and diplomatic preparation for war which Germany pursued”.34 Keitel was responsible for
the formal planning of attacking Greece and Yugoslavia.35 Raeder, as a Chief of Naval
Command, conceived the invasion of Norway.36 The Chief of the National Defence
Section in the High Command, Jodl, was instructed by Hitler to keep upmilitary pressure
against Austria. He is also responsible for planning the attack on Czechoslovakia.37 Seyss-
Inquart participated in the Nazi intrigue which preceded the German occupation of
Austria and was made Chancellor of Austria as a result of German threats of invasion.38
It was proved that Goering was in charge of diplomatic preparation for aggressive
war.39 He attended a number of important conferences which led to the political and
military power of Nazi Germany. As a Minister of Foreign Affairs, von Neurath advised
Hitler to withdraw from the Disarmament Conference and the League of Nations in
1933. He informed the Czechoslovakian Minister that Germany intended to abide
by its arbitration convention with Czechoslovakia. In addition, he participated in the
last phase of the negotiations preceding the Munich Pact.40
The next important element of the commission of the crime against peace was
enacting of legislation supporting the aims of Nazi powers. Being a Reichs Minister
without Portfolio, Hess had the authority to approve all legislation in Germany. In this
position, he was an active supporter of preparations for war, in particular by means of
33 Robert Ley committed suicide within a week of the Trial being commenced. The list also does not
include Adolf Hitler, Heinrich Himmler, and Joseph Goebbels. All of them had committed suicide in the
spring of 1945, before the indictment was signed.
34 Judgement: Goering. URL: > [cit. 2015-08-11].
35 Judgement: Keitel. URL: > [cit. 2015-08-11].
36 Judgement: Raeder. URL: > [cit. 2015-08-11].
37 Judgement: Jodl. URL: < > [cit. 2015-08-11].
38 Judgement: Seyss-Inquart. URL: > [cit. 2015-08-11].
39 Judgement: Goering, cited above.
40 Judgement: von Neurath. URL: > [cit. 2015-08-11].