War Crimes and Agression

Question 1

All members should refrain from the threat or use of force.

Answer 1

UN Charter 2(4)

Question 2

Art. 6(a) - Charter of the IMT

planning, preparation, initiation or waging a war of aggression, or a war in violation of international treaties.

Answer 2

Art. 6(a) - Charter of the IMT

Question 3

Intiating a war of aggression is the supreme international crime, differing from other war crimes in that it containts within itself the accumulated evil of the whole.

Answer 3

Art. 5(a) Tokyo Tribula Charter

Question 4

UN General Assembly Res. 3314

Definition of Aggression

Answer 4

UN General Assembly Res. 3314

Definition of Aggression

Question 5

Confirms jurisdiction over the Crime of aggression

Answer 5

Art. 5(2) Rome Statute

Question 6

Art. 8bis
1. For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.

2. For the purpose of paragraph 1, “act of aggression” means the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. Any of the following acts, regardless of a declaration of war, shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, qualify as an act of aggression:

Answer 6

Art. 8bis
1. For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.

2. For the purpose of paragraph 1, “act of aggression” means the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. Any of the following acts, regardless of a declaration of war, shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, qualify as an act of aggression:

Question 7

War crimes: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labour or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity.

Answer 7

Article 6(b) of the Nuremberg Charter:

Question 8

Conventional war crimes: namely violations of the laws or customs of war.

Answer 8

Article 5(b) of the Tokyo Charter:

Question 9

War crimes are serious violations of international humanitarian law that incur individual criminal responsibility.

The legal basis for repression of war crimes can be found in international treaties, customary law, general principles and resolutions of international organisations.

Answer 9

War crimes are serious violations of international humanitarian law that incur individual criminal responsibility.

The legal basis for repression of war crimes can be found in international treaties, customary law, general principles and resolutions of international organisations.

Question 10

War crimes must be distinguished from:
other international crimes, such as genocide or crimes against humanity; other serious crimes committed in the situation of an armed conflict yet not having a sufficient nexus to the armed conflictother violations of international humanitarian law that do not amount to war crimes
War crimes can be committed by combatants against enemy combatants
or civilians or by civilians against enemy combatants or enemy
civilians.

Answer 10

War crimes must be distinguished from:
other international crimes, such as genocide or crimes against humanity; other serious crimes committed in the situation of an armed conflict yet not having a sufficient nexus to the armed conflictother violations of international humanitarian law that do not amount to war crimes
War crimes can be committed by combatants against enemy combatants
or civilians or by civilians against enemy combatants or enemy
civilians.