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6 Brown J. World Aff. 87 (1999)
Getting Aggressive about Preventing Aggression

handle is hein.journals/brownjwa6 and id is 103 raw text is: Getting Aggressive about
Preventing Aggression
BENJAMIN B. FERENCZ
Former Nuremburg War Crimes Prosecutor
ver since the judgment at Nuremberg, it has been universally binding law
that aggressive war is not a national right but an international crime. The
most fundamental human right is to be able to live in peace. Yet since
1945, an estimated 170 million people have been killed in armed conflicts. No
one has been held criminally accountable for their deaths. It is high time for the
world community to get aggressive about deterring, punishing, and suppressing
aggression.
Foundation Stones
Over fifty years ago, the Charter for the International Military Tribunal (IMT) at
Nuremberg created three categories of offenses punishable by the international
tribunal: crimes against peace (aggression), crimes against humanity, and war
crimes. Aggression was described in the IMT's judgment as the supreme interna-
tional crime. It was affirmed that these crimes are not instigated or committed
by abstract entities but only by people. Any individual-regardless of rank or
station-responsible for planning, preparing, initiating, or waging a war of ag-
gression was guilty of a crime against peace. The Charter stipulated that only
those proven to be leaders, organizers, instigators, and accomplices to the crime
could be convicted. Persons occupying positions of such high responsibility were
deemed to possess the required intent and capacity to be held accountable under
ordinary principles of international and criminal law.1

Winter/Spring 1999 - Volume V, Issue 1

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