Letters | 6 February 2010

When war is a crime

Sir: Andrew Gilligan’s trenchant indictment of Blair (‘How can we punish Blair?’, 30 January) includes the mitigating claim that: ‘For all the cries that he is a “war criminal”, the Nuremberg Principles make clear that war crimes relate largely to atrocities committed in the course of combat or aggression. The act of war is not itself a war crime.’

This is incorrect. Count One of the Indictment at Nuremberg, read out on 20 November 1945, includes these words: ‘The common plan or conspiracy embraced the commission of Crimes against Peace in that the defendants planned, prepared, initiated and waged wars of aggression, which were also wars in violation of international treaties, agreements or assurances.’ Anyone who reads the proceedings of the War Crimes Tribunal will find that planning and waging aggressive war was regarded as one of the major crimes, if not the major crime, for which the Nazi leaders were indicted.