Nature of aggression and the law
Summary :
Table of Contents
- Introduction.
- Definition of aggression.
- Nuremberg charter and the leadership requirement.
- Resolution 3314.
- Jurisdiction.
- Conclusion.
Abstract
The nature of aggression has always been troublesome to settle as a legal concept, especially as it is "intertwined with political elements" . The concept of aggression as a criminal offence was fuelled by the International Military Tribunal at Nuremberg in the wake of the Second World War, where the Allied Powers were determined to prevent a repeat of the atrocities and assert a unified check on tyranny .
Despite the intentions of Nuremberg, the legal concept of "aggression" as a criminal offence and the ambiguity of its parameters have ignited debate regarding effectiveness and enforceability in practice . Justification for aggression centres on the extreme gravity, international repercussions and accountability however its weakness is rooted in the difficulty of clarifying a sufficiently precise and acceptable definition .
Despite the intentions of Nuremberg, the legal concept of "aggression" as a criminal offence and the ambiguity of its parameters have ignited debate regarding effectiveness and enforceability in practice . Justification for aggression centres on the extreme gravity, international repercussions and accountability however its weakness is rooted in the difficulty of clarifying a sufficiently precise and acceptable definition .
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