Supreme crime

(This article is about historical and social science research on conditions leading to wars of aggression. For recent history of, and current definitions of war of aggression in international law, see that article.)

The concept of supreme crime is a legal principle that to initiate war not in self defense, called war of aggression in international law, but with the intent to conquer territory and subjugate other people, is more egregious than a normal crime. The term was introduced by Justice Robert H. Jackson, chief prosecutor for the United States at the Nuremberg Trials.

Background

The loss of human life during World War I prompted the debate about the legality of war-making in the League of Nations. Shortly after the cessation of hostilities on the European theatre of World War II, Jackson framed the legal principles making the initiation of a war of aggression a supreme crime as follows:

• The power of sovereign states to make war, except in self defense, should be restricted by law. ("It is high time that we act on the juridical principle that aggressive war-making is illegal and criminal")

• This law must apply equally to all nations. ("I am not willing to charge as a crime against a German official acts which would not be crimes if committed by officials of the United States")

• Nations can act only through their leaders and thus the individuals responsible for initiation of an aggressive war are accountable for acts of violence against others committed in the name of the state. ("The guilt we should reach is not that of numberless little people, but of those who planned and whipped up the war.")

Religious canons and morality of war

According to Bainton (1960), until the reign of Emperor Constantine, no known Christian writer approved of war. Afterwards, the church codified the principle of the just war (justum bellum). Throughout the ages, Islamic leaders instigated or sponsored wars, typified by wars expanding the Dar al-Islam (lands of Islam) into the Dar al-harb (lands of the infidel).

Religious and militarist attitude studies

E. W. Russell concentrates on studies of the close relationship between militarism and nationalism and studies pertaining to the paradox, that

while universally accepting peace to be a major value, the more devout Christians tend to have stronger militarist attitudes than do the less devout Christians.

Russell comments that "religious belief is probably the most important aspect of a world view" and that "the Christian belief has dominated Western culture for 2000 years, and is clearly related to the authoritarian-punitive world view." He observes that in the Old Testament, the wars were religious crusades; that God was said to demand these wars and required the utter and complete destruction of the enemy. He concludes that

"...by modern standards, such as used at the Nuremberg trials, Yahweh was directing his people to commit genocide on all who opposed him."

Russell's observations support the notion that with respect to prohibitions against the collective violence the New Testament is deficient and the Old Testament (and Qur'an) are not only deficient, but instrumental during the decisive phases of the decision-making processes to initiate a war.

See also

• Jus ad bellum
• United Nations Charter
• War crime
• War of aggression

References

• Bainton, R. H. (1960) Christian attitudes toward war and peace. New York: Abingdon. ISBN 0-687-07027-9.

• Bush, B. (1994) Barbara Bush: A memoir. New York: Charles Scribner's Sons. ISBN 0-02-519635-9.

• Clausewitz, C. von (1991) Vom Kriege (19th ed.). Bonn, Germany: Dümmler.

• Ellis, M. H. (1997) Unholy alliance: religion and atrocity in our time. Minneapolis: Augsburg Fortress Publishers. ISBN 0-8006-3080-7.

• Huntington, S. P. (1993) The clash of civilizations? Foreign Affairs, 72/3.

• Roosevelt, J. (1960) A family matter. New York: Simon and Schuster. ISBN 0-671-24621-6.

• Russell, E.W. (1971) Christianity and militarism. Peace Research Reviews, 4, 3, 1-77.

• Russell, E.W. (1974) Christentum und Militarismus. In Huber, W., & Liedke, G. (Hrsg.), Christentum und Militarismus, Studien zur Friedensforschung. München, Germany: Kösel-Verlag, 21-109.