50 Wayne L. Rev. 1 (2004)
Peace through Justice - The Future of the Crime of Aggression in a Time of Crisis

handle is hein.journals/waynlr50 and id is 13 raw text is: THE WAYNE LAW REVIEW
VOLUME 50                 SPRING 2004                 NUMBER 1
PEACE THROUGH JUSTICE? THE FUTURE OF THE CRIME OF
AGGRESSION IN A TIME OF CRISIS
ANDREAS L. PAULUSt
War is essentially an evil thing. Its consequences are not confined to the
belligerent States alone, but affect the whole world. To initiate a war of
aggression, therefore, is not only an international crime; it is the supreme
international crime differing only from other war crimes in that it contains within
itself the accumulated evil of the whole.'
Table of Contents
I. INTRODUCTION: AGGRESSION-THE SUPREME INTERNATIONAL
CRIME?. ................................................ 2
II. FROM THE CRIME AGAINST PEACE TO THE CRIME OF AGGRESSION .... 7
A. The Prosecution of the German Kaiser and the Dutch
Response ............................................. 7
B. The Nuremberg Trials and Beyond ........................... 9
C. The Battle for a Definition ofAggression or: How to Define
Not to Define ........................................ 14
D. Aggression and the International Criminal Court Between
Quest for Criminal Justice and Political Reality .............. 17
1. The International Law Commission and Aggression: Crime
Without Definition .................................. 18
2 The Non-solution at Rome ............................. 20
3. The Current Debate: The Pursuit of a Chimera? ............. 22
t Dr. jur., Ass. jur., VisitingAssistant Professor of Law, University ofMichigan Law School;
Wissenschaftlicher Assistent (Assistant Professor), Ludwig-Maximilians-University Munich,
Germany (on leave).
1. Judgment of the International Military Tribunal, 1 TRIAL OF THE MAJOR WAR
CF.IMINALS BEFORE THE INTERNATIONAL MILITARY TRIBUNAL [hereinafter L.M.Tl lt, 186
(Oct. 1, 1946). See also Ministries, U.S. v. von Weizsdcker, Judgment, 14 TRIALS OF WAR
CRIMINALS BEFORE THE NUERNBERG MILITARY TRIBUNALS [hereinafter N.M.T.] 308, 317
(Apr. 14, 1949).

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