Would then the people who ordered and conducted War Plan Red for instance also be guilty of this then? Or when the Israeli's orchestrated a surprise attack against the Arab states planning to attack them, was that also liable for prosecution?
On paper yes, but it was one of those charges along with a few others that the even the WAllied officers weren't all that comfortable with because the U.S. and Britain and all other states have planned what could be labeled wars of aggression. Even the big three against each other drew up plans at various points in time during WW2 (especially Britain and the Soviets) If they execute those plans or not of course is up to the political leadership, but the judges didn't make that distinction either.
Actually executing an aggressive war was also an offensive, but there too you had one of the big three who executed a number of aggressive wars in the course of WW2. And, France and Britain who almost executed an aggressive war on the USSR.
Those parts of the charges gave a portly drug addicted head of Luftwaffe something he could actually put up some defense against arguing that wars of aggression being suddenly illegal will not stop them and will now and only ever be tried against the vanquished not the victors.
I would say Rommel had a better finger on the pulse of soldiers on both sides then Churchill and told his family that a third world war wasn't going to happen right after WW2 because the people who would fight such a war are exhausted and the world is right now sick of war in his words.
But, he said the threat of war between the West and the Soviets would come after a few years, because he believed human nature of people to forget what war is like with time and start to itch for another fight and referred to Russia and the West as like fire and water.
If they came to blows he was convinced that American air supremacy and industrial power would win the day by out producing the Soviets and using its massive Air Force to tie down the Soviet armies, destroy their industry, cities and oil production facilities.
Ironically it was the cabal of scientists that created the first atomic bomb that were the ones who likely prevented such a war by raising the stakes so much in that the USSR who would have I believe likely have gambled they could brush away the few WAllied divisions in Europe by the end of the 40s or early 50s without nukes on the table were deterred from doing so by America's large and ever growing nuclear stockpile.
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