The Nuremberg Military Tribunals and the Origins of International Criminal Law


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This section also analyzes the general principles of liability that the Tribunals applied and on the defenses they did -and did not- recognize. The final section of the book deals with the aftermath of the trials and their historical legacy" Toon meer Toon minder. Recensie s Well-written, vigorously researched, and impressively ambitious.

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Professor Kevin Jon Heller

He has rescued the NMT trials from the relative obscurity in which they have languished for many years. This book brings the subsequent trials out from the shadows of the IMT and for that we should be grateful The effort of synthesizing tens of thousands of pages of trial transcripts, evidential material, autobiographical accounts and judicial decisions deserves our plaudits.

This timely book will interest anyone who cares about the law's effort to confront radical evil. Those interested in professional and business ethics should find it equally absorbing. It fills a major gap in our historical understanding, and explores doctrines at the cutting edge of today's international tribunals. In doing so it provides both a useful starting point for students of international criminal law and an incredibly valuable contribution to scholars currently immersed in the area.

International Criminal Law - Research Guide International Law | Peace Palace Library

This result is presented in a very structured, comprehensible manner and is useful for both legal specialists who have recently started analysing various elements of general and special parts of international criminal law, and those who already have a solid academic and practical experience in this branch of international law.

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  • The Historical Origins of International Criminal Law.
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What Is an International Crime? (A Revisionist History)

Roger Okeefe International Criminal Law , Mettraux Perspectives on the Nuremberg Trial 81, Bekijk de hele lijst. Friedrich Flick Flick , United States v. Carl Krauch Farben , and United States v. Alfred Krupp Krupp.

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Attempting to attribute responsibility among individuals without considering the larger corporate entity led to fragmented responsibility [11] and issues of attribution in the Farben case, for example; the division of authority within the company was equated with a division of responsibility by the Tribunal. International lawyer and academic Jonathan Bush revisited this question, and determined that the rational for rejecting corporate liability was political, rather than legal:.

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These theories of liability were not adopted, but not because of any legal determination that it was impermissible under international law. Instead, their rejection was the result of the wishes of the occupation governments for handling the corporations and the coincidence that the first defendants tried were companies with the structures of Flick, Krupp and Farben.

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The sentences that were given against convicted industrialists were light: sometimes months or five years rather than a life-sentence or execution. Later on, in —, the US Administration adopted the Truman Doctrine, which sought to refrain from severe reprisals against the industrialists.


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The political dimensions that shaped the Nuremberg prosecutions of corporate-affiliated actors are not a strong basis on which to determine that liability is not possible for corporations or legal persons under international criminal law. State-focussed narratives of international law have excluded the fundamental roles transnational commerce and companies have played as subjects and propellers of international law.

To explore the history of the relationship between commerce, corporate actors and international criminal law, another point of international law development will be briefly addressed: the nineteenth-century anti-slavery international courts. The origin of contemporary international criminal law is commonly traced back to Nuremberg, during which corporate actors were prosecuted for their involvement in war crimes for commercial gain, however research by authors like J. Martinez has revealed the nineteenth century origins of subjecting commercial actors to law in the fascinating history of the slave trade tribunals.

The Nuremberg Military Tribunals and the Origins of International Criminal Law The Nuremberg Military Tribunals and the Origins of International Criminal Law
The Nuremberg Military Tribunals and the Origins of International Criminal Law The Nuremberg Military Tribunals and the Origins of International Criminal Law
The Nuremberg Military Tribunals and the Origins of International Criminal Law The Nuremberg Military Tribunals and the Origins of International Criminal Law
The Nuremberg Military Tribunals and the Origins of International Criminal Law The Nuremberg Military Tribunals and the Origins of International Criminal Law
The Nuremberg Military Tribunals and the Origins of International Criminal Law The Nuremberg Military Tribunals and the Origins of International Criminal Law
The Nuremberg Military Tribunals and the Origins of International Criminal Law The Nuremberg Military Tribunals and the Origins of International Criminal Law
The Nuremberg Military Tribunals and the Origins of International Criminal Law The Nuremberg Military Tribunals and the Origins of International Criminal Law

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