Pirates in Suits: Carl Schmitt, ‘Ordinary Businessmen’ and Crimes of Aggression

Nordic Journal of International Law 88 (2019) 459-487

Posted: 7 Sep 2019

See all articles by Valentin Jeutner

Valentin Jeutner

Lund University - Faculty of Law; University of Oxford - Faculty of Law

Date Written: September 1, 2019

Abstract

The article critically appraises Carl Schmitt’s 1945 expert opinion on "The International Crime of the War of Aggression and the Principle ‘nullum crimen, nulla poena sine lege’". Each element of Carl Schmitt’s expert opinion is subjected to close scrutiny and contextualised with references, where appropriate, to the ICC’s recently acquired jurisdiction to try crimes of aggression. It is shown that Schmitt’s legal arguments are on the whole tenable but that the expert opinion’s assumptions about the position of the ability of ‘ordinary’ citizens to assess their own actions are very problematic.

Keywords: crimes of aggression, Nuremberg Trials, international criminal law, nullum crimen, corporate liability

Suggested Citation

Jeutner, Valentin, Pirates in Suits: Carl Schmitt, ‘Ordinary Businessmen’ and Crimes of Aggression (September 1, 2019). Nordic Journal of International Law 88 (2019) 459-487. Available at SSRN: https://ssrn.com/abstract=3446237

Valentin Jeutner (Contact Author)

Lund University - Faculty of Law ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Rd
Oxford, OX1 3UL
United Kingdom

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