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Crime of aggression

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A crime of aggression, also called a crime against peace, is a serious violation of international law. It involves the planning, starting, or carrying out of large-scale military force against another state. This crime includes specific actions like an invasion, a military occupation, or the annexation of territory through force. It also covers the bombardment of locations and the military blockade of ports. Unlike many other crimes, aggression is considered a leadership crime. This means only those with the power to shape a nation's policy can be held responsible. Ordinary soldiers who simply carry out orders are generally not the ones charged with this specific crime.

aerial view of ruins of Vaux, France, 1918, ca. 03-1918 - ca. 11-1918 - NARA - 512862
aerial view of ruins of Vaux, France, 1918, ca. 03-1918 - ca. 11-1918 - NARA - 512862

The moral reasons for this law come from just war theory. This long-standing philosophy suggests that waging war for territorial gain is unjust. According to this theory, a war is only just if it is fought for self-defense or to help allies. Early thinkers helped shape these ideas over many centuries. Hugo Grotius, a founder of international law, believed aggression violated individual rights. In the 1700s, theorist Emer de Vattel provided a philosophical basis for these concepts. Even in 1815, Napoleon was outlawed for disturbing the peace of the world. These ideas established that aggression is a grave moral and legal wrong.

Theodor von Hornbostel testifies for the prosecution during the Ministries Trial
Theodor von Hornbostel testifies for the prosecution during the Ministries Trial

Following World War I, leaders began to discuss making aggression a legal crime. In 1918, British Prime Minister David Lloyd George spoke about the millions of young men lost in the war. He called the invasion of independent countries without consent an outrage against international law. However, the United States rejected the idea of prosecuting leaders at that time. The League of Nations was created to maintain peace, but it did not successfully criminalize aggression. While the 1928 Kellogg–Briand Pact did not name war a crime, it later served as a precedent for trials after World War II.

RIAN archive 2251 Destroyed Stalingrad does not give up
RIAN archive 2251 Destroyed Stalingrad does not give up

During World War II, new legal ideas emerged from the devastation of the conflict. Soviet jurist Aron Trainin proposed that individuals, not just states, should face criminal responsibility for aggressive wars. He argued that while a state has political responsibility, the individuals in power must be held accountable. Trainin specifically pointed to Adolf Hitler and the Nazi Party for their actions against the Soviet Union. Other thinkers like Hersch Lauterpacht and Marcel de Baer also made similar proposals. By 1944, there was growing pressure for an international tribunal to judge these acts of aggression.

Prosecutor Robert Jackson at Nuremberg Trials
Prosecutor Robert Jackson at Nuremberg Trials

The Nuremberg trials became the most famous instance of prosecuting these crimes. The International Military Tribunal ruled that aggression was the "supreme international crime." The court stated that it contained the "accumulated evil of the whole" because of the harm caused by war. The prosecution showed that Nazi leaders had a premeditated conspiracy to disrupt the European order. They traced this planning back to Hitler's book, *Mein Kampf*, and several secret meetings held between 1937 and 1939. The court looked at many specific acts, including the invasions of Poland, Denmark, Norway, and the Soviet Union. In the end, 12 of the 22 defendants were convicted of these crimes.

Other nations also held trials for aggression during this period. In Finland, a tribunal was established to try those who contributed to the country's involvement in war between 1941 and 1944. Eight men, including the wartime president Risto Ryti, were tried. Initially, seven were convicted, but the judgment was later revised to convict all eight defendants. These individuals faced penalties of up to ten years of imprisonment with hard labor. Other major trials for aggression took place in China, Poland, and Tokyo. These cases helped establish how international law could address the actions of leaders.

Theodor von Hornbostel testifies for the prosecution during the Ministries Trial
Theodor von Hornbostel testifies for the prosecution during the Ministries Trial

Today, the crime of aggression is a core part of international criminal law. It is treated with the same seriousness as genocide, war crimes, and crimes against humanity. In 2010, at the Kampala Review Conference, states parties to the International Criminal Court adopted new definitions. These rules explain how the court can exercise jurisdiction over the crime. While the definition can sometimes be vague, such as in discussions regarding a "war on terror," the crime is generally accepted in international customary law. Some countries also use their own national laws to prosecute aggression through universal jurisdiction.

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File:RIAN archive 2251 Destroyed Stalingrad does not give up.jpg
RIAN archive 2251 Destroyed Stalingrad...
File:aerial view of ruins of Vaux, France, 1918, ca. 03-1918 - ca. 11-1918 - NARA - 512862.jpg
aerial view of ruins of Vaux, France,...
File:Prosecutor_Robert_Jackson_at_Nuremberg_Trials.jpg
Prosecutor_Robert_Jackson_at_Nuremberg_Trials.jpg
File:Theodor von Hornbostel testifies for the prosecution during the Ministries Trial.jpg
Theodor von Hornbostel testifies for the...
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