ABSTRACT

The Charter and the decisions issued by the Military Nuremberg Tribunal marked the beginning of a process that had started after First World War. The UN Charter is to be considered as the linchpin, the pillar laying the foundations of the current discipline on the use of armed forces in international law. The organization of the International Law Commission hinged on codification and progressive development of international rules on responsibility of States on the one hand and of international rules on the qualification of some individual behavior as crimina juris gentium on the other hand. According to the permanent members of the Security Council, the competence of the International Criminal Court over the individual crime of aggression had to be subjected to the ascertainment carried out by the Security Council of the presence of an act of aggression by the State.