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62 Pol. Sci. Q. 1 (1947)

handle is hein.journals/pclscceqry62 and id is 1 raw text is: 




Volume  L XII]


       POLITICAL SCIENCE


                QUARTERLY

  THE   CRIME   OF  AGGRESSION AND THE FUTURE
             OF  INTERNATIONAL LAW *
    T would be unnatural if so dramatic and epochal an event
      as the trial of the major German  and  Japanese war
      criminals had not elicited sharply divergent views on the
wisdom  of the policy and on the soundness of the law. The
fact which confronts us today is that the trials have been held,
although in Japan  they have not yet been completed.  The
problem which confronts us today is only very secondarily that
of historical judgment; primarily the problem is to find the
ways in which the precedent can be turned to its greatest use
in promoting  the future peace and welfare of mankind.  If
the foundation on which  we are to build is weak, it can be
strengthened before a new structure is erected upon it. One
way to strengthen the foundation was suggested by Judge Biddle
in his report to the President on the Nuremberg Trials, when he
urged that the Charter of the Tribunal, which was promulgated
with the approval of nineteen United Nations, be now approved
for the future by formal act of all fifty-four members of the
United Nations.
  The General Assembly of the United Nations acted upon this
suggestion by adopting a resolution prepared by its Legal Com-
mittee instructing the Codification Committee to study the
subject and report back to the Assembly. But the resolution
also contained the following affirmation of the principles con-
tained in the Nuremberg Charter:
  *This article was prepared as a paper read before a meeting of the American
Historical Association in New York, December 30, 1946.
                            (1)


March   Z947


[Number r

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