This report was prepared for the Working Group on the Crime of Aggression at the 8th session of Preparatory Commission, held in September-October 2001. The paper consists of four parts relating to: the Nuremberg tribunal; tribunals establish pursuant to Control Council Law number 10; the Tokyo tribunal; and the United Nations. Annexes contain tables regarding aggression by a State and individual responsibility for crimes against peace. The paper seeks to provide an objective, analytical overview of the history and major developments relating to aggression, both before and after the adoption of the UN Charter.

The stories of thirty war criminals who escaped accountability, from a historian praised for his “well written, scrupulously researched” work (The New York Times). This deeply researched book traces the biographies of thirty “typical” perpetrators of the Holocaust—some well-known, some obscure—who survived World War II. Donald M. McKale reveals the shocking reality that the perpetrators were rarely, if ever, tried or punished for their crimes, and nearly all alleged their innocence in Germany’s extermination of nearly six million European Jews. He highlights the bitter contrasts between the comfortable postwar lives of many war criminals and the enduring suffering of their victims, and how, in the face of exhaustive evidence showing their culpability, nearly all claimed ignorance of what was going on—and insisted they had done nothing wrong. “McKale ends the book with a haunting question: whether life would be different today if the Allies had pursued Holocaust criminals more aggressively after WWII. History buffs and students of the Holocaust will be fascinated.” ―Publishers Weekly “Gripping and important reading.” —Eric A. Johnson, author of What We Knew

The first definitive account of the anti-Nazi underground in Germany: “Superb” (Publishers Weekly). In 1933, Adolf Hitler became chancellor of Germany. A year later, all political parties but the Nazis had been outlawed, freedom of the press was but a memory, and Hitler’s dominance seemed complete. Yet over the next few years, an unlikely cadre of conspirators emerged—schoolteachers, politicians, theologians, even a carpenter—who would try repeatedly to end the Führer’s genocidal reign. This dramatic account is history at its most suspenseful, revealing the full story of those noble, ingenious, but ultimately failed efforts. Orbach’s fresh research offers profound new insight into the conspirators’ methods, motivations, fears, and hopes. We’ve had no idea until now how close they came—several times—to succeeding. The Plots Against Hitler fundamentally alters our view of World War II and sheds bright—even redemptive—light on its darkest days. “A riveting narrative of the organization, conspiracy, and sacrifices made by those who led the resistance against Hitler. Orbach deftly analyzes the mixed motives, moral ambiguities and organizational vulnerability that marked their work, while reminding us forcefully of their essential bravery and rightness. And he challenges us to ask whether we would have summoned the same courage.” —Charles S. Maier, professor of history, Harvard University, and author of Among Empires “[A] gripping look at a historical counternarrative that remains relevant and disturbing.” —Kirkus Reviews

Regarded as the second most important book to come out of Nazi Germany, Alfred Rosenberg's Der Mythus des zwanzigsten Jahrhunderts is a philosophical and political map which outlines the ideological background to the Nazi Party and maps out how that party viewed society, other races, social ordering, religion, art, aesthetics and the structure of the state. The "Mythus" to which Rosenberg (who was also editor of the Nazi Party newspaper) refers was the concept of blood, which, according to the preface, "unchains the racial world-revolution." Rosenberg's no-hold barred depiction of the history of Christianity earned it the accusation that it was anti-Christian, and that unjustified controversy overshadowed the most interesting sections of the book which deal with the world racial situation and the demand for racially homogenous states as the only method to preserve individual world cultures. Rosenberg was hanged at Nuremberg on charges of "waging wars of aggression" even though he had never served in the military, and it is likely that he was hanged purely because of this book. Contents Preface Book One: The Conflict of Values Chapter I. Race and Race Soul Chapter II. Love and Honour Chapter III. Mysticism and Action Book Two: Nature of Germanic Art Chapter I. Racial Aesthetics Chapter II. Will And Instinct Chapter III. Personality And Style Chapter IV. The Aesthetic Will Book Three: The Coming Reich Chapter I. Myth And Type Chapter II. The State And The Sexes Chapter III. Folk And State Chapter IV. Nordic German Law Chapter V. Church And School Chapter VI. A New System Of State Chapter VII. The Essential Unit

Were World Wars I and II inevitable? Were they necessary wars? Or were they products of calamitous failures of judgment? In this monumental and provocative history, Patrick Buchanan makes the case that, if not for the blunders of British statesmen– Winston Churchill first among them–the horrors of two world wars and the Holocaust might have been avoided and the British Empire might never have collapsed into ruins. Half a century of murderous oppression of scores of millions under the iron boot of Communist tyranny might never have happened, and Europe’s central role in world affairs might have been sustained for many generations. Among the British and Churchillian errors were: • The secret decision of a tiny cabal in the inner Cabinet in 1906 to take Britain straight to war against Germany, should she invade France • The vengeful Treaty of Versailles that mutilated Germany, leaving her bitter, betrayed, and receptive to the appeal of Adolf Hitler • Britain’s capitulation, at Churchill’s urging, to American pressure to sever the Anglo-Japanese alliance, insulting and isolating Japan, pushing her onto the path of militarism and conquest • The greatest mistake in British history: the unsolicited war guarantee to Poland of March 1939, ensuring the Second World War Certain to create controversy and spirited argument, Churchill, Hitler, and “the Unnecessary War” is a grand and bold insight into the historic failures of judgment that ended centuries of European rule and guaranteed a future no one who lived in that vanished world could ever have envisioned.

“Masterful...An indispensable warning for our own time.” —Samuel Moyn “Magisterial...Covers this dark history with insight and skill...A major intervention into our understanding of 20th-century Europe and the lessons we ought to take away from its history.” —The Nation For much of the last century, Europe was haunted by a threat of its own imagining: Judeo-Bolshevism. The belief that Communism was a Jewish plot to destroy the nations of Europe took hold during the Russian Revolution and quickly spread. During World War II, fears of a Judeo-Bolshevik conspiracy were fanned by the fascists and sparked a genocide. But the myth did not die with the end of Nazi Germany. A Specter Haunting Europe shows that this paranoid fantasy persists today in the toxic politics of revitalized right-wing nationalism. “It is both salutary and depressing to be reminded of how enduring the trope of an exploitative global Jewish conspiracy against pure, humble, and selfless nationalists really is...A century after the end of the first world war, we have, it seems, learned very little.” —Mark Mazower, Financial Times “From the start, the fantasy held that an alien element—the Jews—aimed to subvert the cultural values and national identities of Western societies...The writers, politicians, and shills whose poisonous ideas he exhumes have many contemporary admirers.” —Robert Legvold, Foreign Affairs

At the end of World War II the Allies faced a threefold challenge: how to punish perpetrators of appalling crimes for which the categories of 'genocide' and 'crimes against humanity' had to be coined; how to explain that these had been committed by Germany, of all nations; and how to reform Germans. The Allied answer to this conundrum was the application of historical reasoning to legal procedure. In the thirteen Nuremberg trials held between 1945 and 1949, and in corresponding cases elsewhere, a concerted effort was made to punish key perpetrators while at the same time providing a complex analysis of the Nazi state and German history. Building on a long debate about Germany's divergence from a presumed Western path of development, Allied prosecutors sketched a historical trajectory which had led Germany to betray the Western model. Historical reasoning both accounted for the moral breakdown of a 'civilised' nation and rendered plausible arguments that this had indeed been a collective failure rather than one of a small criminal clique. The prosecutors therefore carefully laid out how institutions such as private enterprise, academic science, the military, or bureaucracy, which looked ostensibly similar to their opposite numbers in the Allied nations, had been corrupted in Germany even before Hitler's rise to power. While the argument, depending on individual protagonists, subject matters, and contexts, met with uneven success in court, it offered a final twist which was of obvious appeal in the Cold War to come: if Germany had lost its way, it could still be brought back into the Western fold. The first comprehensive study of the Nuremberg trials, The Betrayal thus also explores how history underpins transitional trials as we encounter them in today's courtrooms from Arusha to The Hague.