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crime against peace : ウィキペディア英語版
crime against peace
A crime against peace, in international law, refers to "planning, preparation, initiation, or waging of wars of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing".〔Nicolas Werth, Karel Bartošek, Jean-Louis Panné, Jean-Louis Margolin, Andrzej Paczkowski, Stéphane Courtois, ''The Black Book of Communism: Crimes, Terror, Repression'', Harvard University Press, 1999, hardcover, 858 pages, ISBN 0-674-07608-7, page 5.〕 This definition of crimes against peace was first incorporated into the Nuremberg Principles and later included in the United Nations Charter. This definition would play a part in defining aggression as a crime against peace. It can also refer to the core international crimes set out in Rome Statute of the International Criminal Court, (genocide, crimes against humanity, war crimes, and the crime of aggression) which adopted crimes negotiated previously in the Draft code of crimes against the peace and security of mankind.
An important exception to the foregoing are defensive military actions taken under Article 51 of the UN Charter. Such defensive actions are subject to immediate Security Council review, but do not require UN permission to be legal within international law. "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations." (UN Charter, Article 51) The Security Council will determine if the action is legally the "right of individual or collective self-defence", or it may appoint another UN organ to do this.
Examples of the ''crime against peace'' given in the anti-communist Black Book of Communism include two secretly negotiated treaties between Stalin and Hitler on the partition of Poland and annexation of Baltic States, Soviet attack against Finland in 1939, and the invasion of South Korea by North Korea in 1950.〔
==Definition==

No legal authority exists for the definition of the terms ''"territorial integrity"'', ''"political independence"'' and ''"sovereignty"''. However, their face value would seem to disclose the following:
* The ''"territorial integrity"'' rule means that it is a crime of aggression to use armed force with intent permanently to deprive a state of any part or parts of its territory, not excluding territories for the foreign affairs of which it is responsible;
* The ''"political independence"'' rule means that it is a crime of aggression to use armed force with intent to deprive a state of the entirety of one or more of the prerequisites of statehood, namely: defined territory, permanent population, constitutionally independent government and the means of conducting relations with other States;
* The ''"sovereignty"'' rule means that it is a crime of aggression to use armed force with intent to overthrow the government of a state or to impede its freedom to act unhindered, as it sees fit, throughout its jurisdiction.
This definition of the crime of aggression belongs to ''jus cogens'', which is supreme in the hierarchy of international law and, therefore, it cannot be modified by, or give way to, any rule of international law but one of the same rank. An arguable example is any rule imposing a conflicting obligation to prevent, interdict or vindicate crimes which also belong to ''jus cogens'', namely aggression itself, crimes against humanity, genocide, war crimes, slavery, torture and piracy, so that a war waged consistent with the aim of repressing any of these crimes might not be illegal where the crime comes within the limit of proportionality relative to war and its characteristic effects.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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