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King, Henry T Jr. "Universal Jurisdiction: Myths, Realities, Prospects, War Crimes and Crimes Against Humanity: The Nuremberg Precedent." New England Law Review. 35.2 (2001).
Abstract: Quote from the article ... “we must use universal jurisdiction to bring to justice those who have never been brought to justice before – whether in high or low places. We need to do more, as Nuremberg did, in implementing the principles of international law and to bringing them to life in governing human behavior. In doing so we need to extend the reach of international law into day to day reality so that it is a working guidepost for human conduct.”
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Bangladesh National Human Rights Commission, ed. International Crimes Tribunal, Bangladesh and Trial of Crimes Against Humanity., 2012.
Abstract: We believe that this booklet containing FAQs about the ICT-BD will help eradicating many of the misgivings deliberately created by certain vested groups and provide the reader with a clear understanding of the laws, procedures and the jurisprudence
governing the International Crimes Tribunal and the ongoing trial of crimes against humanity.
Keywords: International Crimes Tribunal, Crimes Against Humanity, Genocide, FAQ on Trial, international crimes, international standard,
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Rikhof, Joseph. "Fewer Places to Hide? The Impact of Domestic War Crimes Prosecutions on International Impunity." Ccriminal Law Forum. 20.1 (2009): 1-51.
Abstract: This article examines current trends in the domestic arena to achieve a higher level of accountability for international crimes. After examining the historical and international context, this essay looks at several mechanisms, which have been utilized to accomplish this goal. It examines how countries have adjusted their legislation to ensure that it is possible to prosecute international criminals especially in the wake of the high number of ratifications of the Rome Statute.3
Further attention is devoted to recent trends in war crimes prosecutions, including prosecutions based on territorial jurisdiction (i.e. the country where the crimes occurred), or active nationality jurisdiction (i.e. cases where perpetrators were nationals of the prosecuting country) or universal jurisdiction (i.e. cases in which there is no link between the location of the crime and the country bringing the prosecutions, except for the fact that the perpetrator has mostly fled to the country in question). The overview of various mechanisms concludes with an assessment of the application of international criminal law in the various countries. It looks at developing trends in domestic prosecutions as well as discussing emerging legal issues pertaining to the notion of universal jurisdiction and the elements of the international crimes of genocide, war crimes and crimes against humanity.
Keywords: Rome Statute, international impunity, trends in war crime prosecution
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Salter, Michael and Charlesworth, Lorie. "Prosecuting and Defending Diplomats as War Criminals: Ribbentrop at the Nuremberg Trials." Liverpool Law Review. 27.1 (2006): 67-96.
Abstract: This article considers the question of holding foreign ministers responsible for war crimes. A recent decision by the International Court of Justice, the Arrest Warrant case, Congo v Belgium, appears to have diluted the developing international customary rule that suspends immunity when a grave international crime has been committed. This article suggests that the Nuremberg International Military Tribunal decision in the Ribbentrop Case constitutes a precedent for how international criminal law should interpret the nature and scope of the immunity for foreign ministers. As a successful prosecution of Hitler’s former foreign minister, it is remarkable how little attention has been paid to this aspect of the Ribbentrop Case given that it was a path-breaking decision. For that reason, the present article is a case study of this example where prosecutors at an international criminal tribunal were able to successfully prosecute a foreign minister in a manner that may, therefore, still prove instructive given the existing legal position following the Arrest Warrant Case. The article considers in detail how Ribbentrop’s defence lawyers constructed a series of arguments that the prosecution were, however, largely able to demolish through resort to a variety of strategies.
Keywords: Congo v Belgium, ICJ, immunity, Nuremberg, war crimes
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Twist, Susan. "Rethinking Retrospective Criminality in the Context of War Crimes Trials." Liverpool Law Review. 27.1 (2006): 31-66.
Abstract: This article focuses upon the deficits inherent within the hitherto undifferentiated concept of ‘retrospectivity’ and the formulation of an appropriate typography of the retrospective strands within it, against the backcloth of the Trial of the Major War Criminals, 1945–1946, conducted at Nuremberg in the immediate aftermath of World War II. Following a brief description of the historical provenance and significance of the doctrine, nullum crimen sine lege praevia; nulla poena sine lege praevia; no crime and no punishment without previously established law, it seeks to explore and evaluate the salient provisions of the Nuremberg Charter, unilaterally enacted by the Allies on 8th August, 1945, under which the entire trial proceedings were subsequently governed. The segments of the Charter, ostensibly reliant upon the deployment of ex post facto criminal law are extrapolated, analysed and linked to the relevant strands of retrospectivity, identified within the postulated typography. This elucidation of the notion of ‘retrospectivity’ may not only provide keener insight into the historical utilisation of ex post facto law but also intensify awareness of any prospective violation of the nulla poena doctrine.
Keywords: crimes against humanity, crimes against peace, ex post facto law, nulla poena sine lege, nullum crimen sine lege, Nuremberg, organisational guilt, typography of Retrospectivity, war crimes
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