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This talk explains the impunity gap for the crime of aggression in the current international legal order. It recasts the genealogy of the crimes against peace to the Nuremberg and Tokyo tribunals through their liberal imperial context. It argues that international criminal law in the postwar order has been premised on the pursuit of liberal imperial peace. Revisiting Judge Pal’s dissent at the Tokyo Tribunal, it brings this genealogy to bear with the current questions of Ukraine and Palestine.
