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The Rome Statute of the International Court of Justice calls the crime of aggression one of the "most serious crimes of concern to the international community," and provides for it to fall under the jurisdiction of the International Criminal Court (ICC) after state parties agree on a definition and define the conditions under which guilty parties may be prosecuted.
The Nuremberg Tribunal said:
"To initiate a war of aggression....is not only an international crime; it is the supreme international crime (against peace) differing only from other war crimes in that it contains within itself the accumulated evil of the whole."
Under the Constitution's Supremacy Clause (Article VI, paragraph 20), the Constitution, federal statutes, and US treaties are "the supreme law of the land," including international laws (like Geneva) to which America is a signatory. The paragraph reads:
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding."
US law is also clear and unequivocal. Under the Constitution's Article I, Section 8, only Congress may:
-- "....provide for the common defense and general welfare of the United States....
-- ....declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
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