49 / 464
35
CRIMES AGAINST PEACE IN NUREMBERG
world in 1994.
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The Rome Statute of the International Criminal Court of 1998 voted
for the spelling, namely “the crime of aggression”,
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similar to Article 16 of the Code.
Returning back to the content of the Code, it has to be noted that a crime against
the peace and security of mankind entails individual responsibility, which is specified
in its Article 2. Very important is the introduction of the non-retroactivity principle
here.
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This rule was absent in the Charter and was a subject to wide criticism. The
Code also includes a
non bis in idem
guarantee.
63
None of these documents speaks precisely of the ways in which the ‘crimes against
peace’ could be committed. It seems that the ILC did not specifically study political,
economical, and educational or others types of preparation to the crime of aggression.
Probably the practice of the ICC will bring clarifications. In view of the current state
of the Kampala amendments ratifications and the non-participation of Russia and
the USA, this will not be a question in the nearest few years.
5. Conclusions
The study has shown that the Charter of the Nuremberg tribunal was the first
document in the history of international criminal law foreseeing individual criminal
liability for the crimes against peace (presently the crime of aggression). The definition
of these crimes given in Article 6 of the Charter and the practice of the IMT have
influenced the consequent developments in the theory of global law.
Jurisdiction of the Nuremberg tribunal deserves attention. If the jurisdiction
ratione personae, ratione loci
and
ratione materiae
are quite clear from the first look at the
London agreement and the Charter, the jurisdiction
ratione temporis
is questionable.
One may argue that this jurisdiction of the International MilitaryTribunal is widespread
for the period of World War II. The Judgment, however, shows that the period under
consideration is much longer and also includes preparation for the war of aggression.
Therefore, it was concluded to use the beginning date of 24 February, when Hitler
announced a program of the German Labour Party setting forth directly superiority
of German nation
64
and the need to united all Germans.
65
The ending day of the
60
Draft Statute for an International Criminal Court.
Yearbook of the International Law Commission, 1994
,
vol. II, Part Two.
61
Rome Statute of the International Criminal Court. Text of the Rome Statute circulated as document A/
CONF.183/9 of 17 July 1998.
62
Article 13 of the Code.
63
Article 12 of the Code.
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Point 4 of the program: “Only a member of the race can be a citizen. A member of the race can only be
one who is of German blood, without consideration of creed. Consequently no Jew can be a member
of the race…”
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Point 1. We demand the unification of all Germans in the Greater Germany, on the basis of the right
of a self-determination of peoples.