词条 | Crime against peace |
释义 |
A crime against peace, in international law, is "planning, preparation, initiation, or waging of wars 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".[1] This definition of crimes against peace was first incorporated into the Nuremberg Principles and later included in the United Nations Charter. This definition would play a part in defining aggression as a crime against peace. It can also refer to the core international crimes set out in Rome Statute of the International Criminal Court (genocide, crimes against humanity, war crimes, and the crime of aggression), which adopted crimes negotiated previously in the Draft code of crimes against the peace and security of mankind. An important exception to the foregoing are defensive military actions taken under Article 51 of the UN Charter. Such defensive actions are subject to immediate Security Council review, but do not require UN permission to be legal within international law. "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations." (UN Charter, Article 51) The Security Council will determine if the action is legally the "right of individual or collective self-defence", or it may appoint another UN organ to do this. Examples of the crime against peace include two secretly negotiated treaties between Stalin and Hitler on the partition of Poland and annexation of Baltic States, Soviet attack against Finland in 1939, and the invasion of South Korea by North Korea in 1950.[1] Kellogg–Briand PactIn 1928, the Kellogg–Briand Pact, known as the General Treaty for the Renunciation of War, said:
If a nation does not register with the UN as recognizing the Kellogg–Briand Pact, even if the nation had signed it, the UN cannot hold a claimed violation of the Kellogg–Briand Pact to be a violation of international law (according to its own Charter, Article 102). The interpretation of Article 102 is reserved to the Security Council, so it is possible that a "crime against peace" might be found by the Security Council, regardless. Nuremberg PrinciplesIn 1945, the London Charter of the International Military Tribunal defined three categories of crimes, including crimes against peace. This definition was first used in Finland to prosecute the political leadership in the War-responsibility trials in Finland. The principles were later known as the Nuremberg Principles. In 1950, the Nuremberg Tribunal defined Crimes against Peace (in Principle VI.a, submitted to the United Nations General Assembly) as
"The legal basis for the jurisdiction of the court was that defined by the Instrument of Surrender of Germany, political authority for Germany had been transferred to the Allied Control Council, which having sovereign power over Germany could choose to punish violations of international law and the laws of war. Because the court was limited to violations of the laws of war, it did not have jurisdiction over crimes that took place before the outbreak of war on September 1, 1939" For committing this crime, the Nuremberg Tribunal sentenced a number of persons responsible for starting World War II. One consequence of this is that nations who are starting an armed conflict must now argue that they are either exercising the right of self-defense, the right of collective defense, or - it seems - the enforcement of the criminal law of jus cogens. It has made formal declaration of war uncommon after 1945. During the trial, the chief American prosecutor, Robert H. Jackson, stated:
Associate Supreme Court Justice William O. Douglas charged that the Allies were guilty of "substituting power for principle" at Nuremberg. "I thought at the time and still think that the Nuremberg trials were unprincipled.", he wrote. "Law was created ex post facto to suit the passion and clamor of the time."[2] United Nations CharterThe first article of the United Nations Charter says:
The interdiction of aggressive war was confirmed and broadened by the United Nations' Charter, which states in article 2, paragraph 4 that
Article 33
Article 39The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security. Article 51
U.S. laws of warThe U.S. Army's Law of Land Warfare (Field Manual 27-10) states:
Vietnam's Criminal CodeVietnam's Criminal Code calls this crime as the crime of "Undermining peace, provoking aggressive wars".
See also
References1. ^1 Nicolas Werth, Karel Bartošek, Jean-Louis Panné, Jean-Louis Margolin, Andrzej Paczkowski, Stéphane Courtois, The Black Book of Communism: Crimes, Terror, Repression, Harvard University Press, 1999, hardcover, 858 pages, {{ISBN|0-674-07608-7}}, page 5. {{International Criminal Law}}{{DEFAULTSORT:Crime Against Peace}}2. ^{{cite book |last1=Thompson, Jr |first1=H. K.|last2=Strutz |first2=Henry|date= |title=Dönitz at Nuremberg: A Reappraisal |url= |location= |publisher=Torrance|page= |isbn=978-0939484058 |accessdate= }} 3. ^FM 27-10 Chptr 8 Remedies for Violation of International Law; War Crimes 4. ^Vietnam's PENAL CODE 3 : International criminal law|Peace|Crime of aggression |
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