The Nuremberg Trials. International Criminal Law since 1945.60th Anniversary International Conference. Die Nürnberger Prozesse seit 1945. Internationale Konferenz zum 60. Jahrestag, hg. v. Reginbogiη, Herbert R . /Safferling, Christoph J. M. unter Mitwirkung von Hippel, Walter R.

2010 ◽  
Vol 127 (1) ◽  
pp. 1037-1039
Author(s):  
Gerhard Köbler
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
International Conference ◽  
Nuremberg Trials

scholarly journals Nuremberg modification of international crime and criminal responsibility of individuals

2020 ◽  
pp. 414-422
Author(s):  
Vadym Popko
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Crime ◽  
International Criminal Law ◽  
Peace Treaty ◽  
International Criminal Tribunals ◽  
Military Tribunal ◽  
Anglo American ◽  
Nuremberg Trials

The article analyses the formation of the Nuremberg model of international crime, its origins and preconditions, the role of theVersailles Peace Treaty of 1919 and other factors. The author states that the inability to ignore the expansion of international crimemakes criminal responsibility unavoidable, and thus the experience of the Nuremberg and Tokyo tribunals bear the fundamental meaning.Examined are the legal bases of the Nuremberg trial, the main problematic issues of discussion, in particular, the recognition ofcertain acts as criminal, procedural security of the accused, harmonisation of procedural rules of different legal systems (continental,Anglo-American, Soviet legal system), immunity of officials and especially the importance of the Nuremberg Trials for the furtherdevelopment of international criminal law. The author argues that individual international criminal responsibility, which should be consideredthe first most important feature of international criminal law, was formed during the Nuremberg Trials on the basis of customarylaw, general principles of law and normative sources: the London Agreement of 1945 “On Prosecution and Punishment of the majorwar criminals of the European Axis countries” and the Statute of the International Military Tribunal. The Nuremberg Trials of1945–1946 and the Tokyo Trials of 1946–1948 were the first effective international criminal tribunals in which individuals with fullprocedural rights and acting on their own behalf were indicted. The precedents of these tribunals have proven the ability to criminalisecrimes under international law that are not crimes under national law and serve as a basis for developing a concept of international crimein a new sense that is closely linked to international justice.The author also concludes by drawing the attention to the fact that due to internationalisation of crime, two different characte -ristics and dimensions have formed: criminal responsibility stricto sensu, and criminal responsibility within the frames of a newlyformed autonomous subbranch of international criminal law – transnational criminal law.

Judith Shklar on the Philosophy of International Criminal Law

2014 ◽  
Vol 14 (4-5) ◽  
pp. 717-737 ◽  
Author(s):  
Samuel Moyn
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Harvard University ◽  
International Criminal Law ◽  
Judith Shklar ◽  
Nuremberg Trials

This article revives Judith N. Shklar’s Legalism (Harvard University Press, 1964) with an eye to its relevance to international criminal law today. It examines her general jurisprudential outlook, and critique of various prominent mid-century positions, before turning to her account of the Nuremberg Trials. Showing that her defense of those trials may fail, the article concludes by suggesting that the book’s failure may make it more relevant to the contemporary enterprise of international criminal law rather than less.

scholarly journals Excuse and Mitigation Under International Criminal Law: Redrawing Conceptual Boundaries

2010 ◽  
Vol 13 (1) ◽  
pp. 23-89 ◽  
Author(s):  
Olaoluwa Olusanya
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Violent Crimes ◽  
Men And Women ◽  
Nuremberg Trials

Since the Nuremberg trials of 1945, the classification of men and women who commit atrocities in time of war has been a subject of bafflement. Attempts to explain this phenomenon have largely relied on various abnormality theories. However, none of these theories hold sway. Instead, the dominant view today is that men and women who commit atrocities are normal. This conclusion has confounded many because it is even harder to rationalize how people who in fact closely resemble us could perpetrate such violent crimes. How had they become evil criminals? The focus on this article is on excuse theory and its value in resolving this issue.

The Defense of Superior Orders in International Law: Some Implications for the Codification of International Criminal Law

2009 ◽  
Vol 9 (1) ◽  
pp. 117-137
Author(s):  
Hiromi Sato
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Choice Test ◽  
Controversial Issues ◽  
Moral Choice ◽  
Nuremberg Trials ◽  
Rule Making ◽  
International Rule

AbstractThe defense of obedience to superior orders has been one of the most controversial issues in international criminal law. Although the Nuremberg Trials put forth the “Nuremberg Principle” on the superior orders defense, the principle has remained unclear on the so-called moral choice test. Basically, the situation has not been changed throughout the subsequent international rule-making process. International society has apparently rejected automatic immunity by the superior orders defense; however, a consensus has not been achieved on the question of conditional immunity, particularly on the grounds of coercion. In tackling these remaining problems, it would be advisable to examine the legal and theoretical characteristics of each component of the relevant discussion. It would also be desirable to consider some essential difficulties incidental to international rule-making. This article, in conclusion, draws attention to the possibility of certain self-constraint with regard to international law, leaving the issue of the coercion defense to the respective national legal system.

scholarly journals Is There any Blood on my Hands? Deportation as a Crime of International Law

2016 ◽  
Vol 29 (3) ◽  
pp. 917-943
Author(s):  
VINCENT CHETAIL
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Crime ◽  
International Criminal Tribunal ◽  
Second World War ◽  
Criminal Court ◽  
International Criminal Law ◽  
World War ◽  
Nuremberg Trials ◽  
Second World

AbstractThe present article revisits international criminal law as a tool for sanctioning the most patent abuses against migrants. Although deportation is traditionally considered as an attribute of the state inherent to its territorial sovereignty, this prerogative may degenerate into an international crime. The prohibition of deportation has been a well-established feature of international criminal law since the Nuremberg trials following the Second World War. This prohibition has been further refined over the past 15 years by an extensive jurisprudence of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court.Against such a background, this article demonstrates that, in some circumstances, deportation may amount to a war crime, a crime against humanity or even a crime of genocide, depending on the factual elements of the case and the specific requirements of the relevant crime. This article accordingly reviews the constitutive elements of each crime and transposes them into the context of migration control. It highlights in turn that, although its potential has been neglected by scholars and practitioners, international criminal law has an important role to play for domesticating the state's prerogative of deportation and infusing the rule of law into the field of migration. The article concludes that there are reasonable grounds for asserting that a crime against humanity would have been committed in the Dominican Republic and Australia with regard to their deportation policy.

The Nuremberg Trials: International Criminal Law Since 1945 = Die Nürnberger Prozesse: Völkerstrafrecht seit 1945

2007 ◽  
Vol 38 (2) ◽  
pp. 162-163
Author(s):  
Aladin Rahemtula ◽  
Herbert R Reginbogin ◽  
Christoph J M Safferling ◽  
Walter R Hippel
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Nuremberg Trials

scholarly journals Courtroom 600: The (Virtual) Reality of Being There

2021 ◽  
pp. 1-20
Author(s):  
Renske Vos ◽  
Sofia Stolk
Keyword(s):  
Virtual Reality ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
The Other ◽  
International Criminal Law ◽  
Point Of Interest ◽  
Being There ◽  
Nuremberg Trials

Abstract Although at least some of the concern with prosecuting aged defendants seems to lie with defendants not quite looking the part, reviews of historic Court buildings come out the other end with allusions to eminence, authenticity, tradition, history and gravitas. Exemplary is the Courtroom 600 Project, a vr experience of the Nuremberg Trials set in a virtual rendition of the Palace of Justice in Nuremberg. Courtroom 600 remains today one of the major material referents in the histories of international law, representing the symbolic birthplace of International Criminal Law. The attraction of the Court moreover is such that the building has come to offer, as we would say, a legal sightseeing point of interest. In this piece, we pick up on the Courtroom 600 Project as capitalising on the interest with visiting the place ‘where it happened’, and pushing the boundaries of experiencing ‘being there’, where it happened.

Bridging the gap between human rights and humanitarian law: The punishment of offenders

1998 ◽  
Vol 38 (324) ◽  
pp. 445-453 ◽  
Author(s):  
John Dugard
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal ◽  
Universal Declaration ◽  
International Criminal Law ◽  
Humanitarian Law ◽  
International Conference ◽  
Number Of Factors

In 1948, when the Universal Declaration of Human Rights was adopted, human rights and humanitarian law were treated as separate fields. Since the 1968 Tehran International Conference on Human Rights, the situation has changed dramatically and the two subjects are now considered as different branches of the same discipline. A number of factors have contributed to this merger, including the growing significance of international criminal law and the criminalization of serious violations of human rights. This is the theme of the present comment.

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