Criminal Responsibility for the Crime of Aggression

Cover
Title Page
Copyright Page
Table of Contents
Tables and charts
List of abbreviations
Acknowledgements
Introduction
Part I Outlawing aggression
	1 War as an institution of law
		1.1 Before the First World War
		1.2 The League of Nations
		1.3 The inter-war period
		1.4 The United Nations system
		1.5 Conclusions
	2 The notion of aggression
		2.1 Towards a definition of aggression
		2.2 A definition of aggression
			2.2.1 Chapeau of the definition
			2.2.2 Acts of aggression
		2.3 Conclusions
Part II Criminalisation of aggression
	3 The legal basis for criminalising aggression
		3.1 The Treaty of Versailles
		3.2 Inter-war ideas of an international tribunal and penal code
		3.3 The statute and judgment of the International Military Tribunal
		3.4 Statute and judgment of the International Military Tribunal for the Far East
		3.5 Peace treaties, occupation zone law and national law
		3.6 Nuremberg principles and the Code of Crimes Against the Peace and Security of Mankind
		3.7 The Statute of the International Criminal Court (ICC)
		3.8 The Kampala Conference
		3.9 Conclusions
	4 Trials of individuals charged with the crime of aggression
		4.1 The search for precedents
		4.2 The Nuremberg trial
		4.3 The Tokyo trial
		4.4 Trials before courts in the occupation zones in Germany
			4.4.1 Subsequent Nuremberg trials before American military courts
			4.4.2 Trials before French courts
		4.5 Trials before national courts
			4.5.1 Trials before the Supreme National Tribunal in Poland
			4.5.2 Trials before the Chinese Military Tribunal in Nanking
		4.6 Conclusions
	5 Scope of individual responsibility for the crime of aggression
		5.1 Perpetrator of the crime of aggression
		5.2 Actus reus
		5.3 Stages of aggression
		5.4 Mens rea
		5.5 Grounds for excluding criminal responsibility owing to lack of guilt
		5.6 Conclusions
Part III Difficulties and risks
	6 Procedural difficulties
		6.1 Lack of jurisdiction
		6.2 Surrender of person charged with a crime of aggression
		6.3 Identification of aggressor
		6.4 Immunity
		6.5 Rights of a person charged with a crime of aggression
		6.6 Statute of limitations and amnesty law
		6.7 The principle of nullum crimen sine lege
		6.8 Conclusions
	7 Impact of aggression trials
		7.1 Peace and security
		7.2 International humanitarian law
		7.3 The international criminal justice system
		7.4 Conclusions
Conclusion
Notes
Bibliography
Appendix
Index