Abstract

The rules instituting and governing the trial of the German ‘Major War Criminals’ were, so far as the crime of “planning, preparation, initiation or waging of war of aggression’ 1) is concerned, in the fullest sense in causa posita. Before 1939, as is evident from the previous chapter, no penal rule existed in international law concerning such a ‘crime’, as existed concerning war crimes, violations of the laws and customs of warfare.

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