Collective security and mutual defense - Law Assignment help

Assignment Task

Birth of the League of Nations:
 

• League Covenant, in force on 10 January 1920
• 19 out of 26 articles were devoted to the new defensive arrangements
• mutual defence circumscribed (but did not prevent) aggressive war, by such means as arbitration, Council recommendations, etc.
• nonetheless, participation in mutual defence was effectively ‘voluntary’
• the reduction of armaments was planned – but, who goes first?
• financiers, armaments manufacturers, and markets continued to profit from ‘defensive’ rearmament

Legality problem:

When World War 2 began in 1939, the Pact had not been domestically implemented by any state; it had been near-universally agreed to, however:  only four states at the time had not declared themselves bound by it.
Subsequently, at the post-World War 2 Nuremberg and Tokyo International Military War Crimes Tribunals (the ‘IMTs’), the Pact was referred to as binding, and part of customary international law (debatable decision).

Principle of Legality: “No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed”.
 

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