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AngleWyrm no_spam_anglewyrm at hotmail.com
Sat Dec 11 19:11:33 EST 2004


self-defense, leaving no choice of means, and no moment of
deliberation' (The Caroline Case)." Moreover, in order to further
justify their preventive war against Norway, the Nazi defendants argued
that in accordance with reservations on self-defense made at the time of
the conclusion of the Kellogg-Briand Peace Pact of 1928, Germany alone
could decide whether preventive action was a necessity, and also that in
making such a decision, Germany's judgment was conclusive. In rejecting
this Nazi self-judging argument on self-defense, the Nuremberg Tribunal
emphatically ruled: "But whether action taken under the claim of
self-defense was in fact aggressive or defensive must ultimately be
subject to investigation and adjudication if international law is ever
to be enforced."

Today the basic test for self-defense recognized by the international
legal order is set forth in article 51 of the United Nations Charter:
"Nothing in the present Charter shall impair the inherent right of
individual or collective self-defence if an armed attack occurs against
a Member of the United Nation





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