Judgment of the International Military Tribunal

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Citation. Nuremberg. Sept. 30. 1946. Reprinted in 41 AJ.I.L 186-218 (1946)

Brief Fact Summary. For instigating wars of aggression against neighboring countries, officials of Hilter’s Third Reich were indicted.

Synopsis of Rule of Law. It is a crime to plan or wage war that is a war of aggression or a war in violation of international treaties.

Facts. Based on the war they instigated, the officials of Hitler’s Third Reich were indicted.

Issue. Is it a crime to plan or wage a war that is a war of aggression or a war in violation of international treaties?

Held. Yes. It is a crime to plan or wage a war that is a war of aggression or a war in violation of international treaties. The nations who signed the Kellog-Briand Pact or adhered to it unconditionally condemned recourse to war as an instrument of policy and expressly renounced it. A war of aggression is outlawed by the Pact because it constitutes an instrument of international controversies.

Discussion. This case is based on the indictment of German officials for the seizure of Austria and Czechoslovakia and the war against Poland as part of Germany foreign policy. The tribunal found Germany guilty of violating the Charter’s prohibition against wars of aggression and wars in violation of international treaties (namely the Treaty of Versailles) because Germany planned wars against 12 separate nations