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 soldiers who occupied Germany after the Second World War were not only liberators: they also brought with them a new threat, as women throughout the country became victims of sexual violence. In this disturbing and carefully researched book, the historian Miriam Gebhardt reveals for the first time the scale of this human tragedy, which continued long after the hostilities had ended. Discussion in recent years of the rape of German women committed at the end of the war has focused almost exclusively on the crimes committed by Soviet soldiers, but Gebhardt shows that this picture is misleading. Crimes were committed as much by the Western Allies – American, French and British – as by the members of the Red Army. Nor was the suffering limited to the immediate aftermath of the war. Gebhardt powerfully recounts how raped women continued to be the victims of doctors, who arbitrarily granted or refused abortions, welfare workers, who put pregnant women in homes, and wider society, which even today prefers to ignore these crimes. Crimes Unspoken is the first historical account to expose the true extent of sexual violence in Germany at the end of the war, offering valuable new insight into a key period of 20th century history.

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

The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.

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.