CYIL 2015

ALLA TYMOFEYEVA CYIL 6 ȍ2015Ȏ IMT’s authority over the crimes against peace, though it could be disputable, was determined in the Judgment as 8 May 1945. Regarding the concrete actions with respect to preparation for aggressive war, the author, on the basis of the Trial and the Judgment, concludes that there are seven key possibilities: 1) military, 2) diplomatic, 3) legislative, 4) political, 5) economical, 6) educational, and 7) media/propagative. Such a division is purely theoretical, as in practice it is very difficult to make a precise delineation of certain elements. Furthermore, it is unclear whether one kind of the preparation is worse than the other, and whether one of these elements is sufficient to form the crime. Analysis of the works of the International Law Commission demonstrates that the title “crimes against peace” of the Charter was not maintained. The Draft Code of Crimes against the Peace and Security of Mankind employs a general title without any demarcation, that is the “crime against the peace and security of mankind”. The further examination of this notions shows that a crime of aggression, which is only one type of the crimes against the peace and security of mankind, should be considered a successor of the Nuremberg’s crimes against peace. This new title was also employed by the drafters of the Rome Statute.

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