International Legal Foundations of the Individual Criminal Responsibility for the Crime of Aggression

This chapter analyzes, in a detailed manner, the legacy of the Nuremberg and Tokyo trials, as well as of trials under the Control Council Law № 10, with respect to the criminalization of aggression under international law, and delineates the contours of a legal framework for an indirect and direct enforcement of individual liability for the crime. The International Law Commission’s expert work on the subject—as a matter covered in the Draft Code of Offences against the Peace and Security of Mankind and the Draft Code of Crimes against the Peace and Security of Mankind—is recalled at some length. Finally, the legislative developments within a number of national legal systems (for details, see Chap. 4 ) and the adoption of a definition of the crime of aggression for the purpose of the Rome Statute of the International Criminal Court (for details, see Chap. 5 ) are alluded to as key consequences of the post-World War II international jurisprudence on the crime of aggression.

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