<abstract xmlns="http://www.w3.org/1999/xhtml"><p>One of the most significant developments in international law was the establishment of Special Tribunals that could bring to justice individuals allegedly responsible for “grave breaches” and violations of the law against humanity. This is, undoubtedly, a recent global development that has challenged the issues of impunity and sovereignty. Since the Nazis’ atrocities and the Nuremberg trials, war crimes law has broadened its scope and has recognized a number of offenses considered as “international crimes” and which have also come to be described as “genocide”. However, although intended to put an end to the politics of impunity for the perpetrators of these crimes, a number of signatory states are reluctant to bring to justice those responsible for these defined international crimes. Indeed, the jurisprudence developed in these Special Tribunals provided an impetus for the development of the Rome Statute for the International Criminal Court (ICC). More specifically, it has been argued that war crimes and crimes against humanity are committed by men, not by abstract entities, and only by punishing individuals who commit such heinous crimes can the provisions of international law be enforced and realized. However, a perfectly reasonable case can be made that the creation of these tribunals does represent a new era in international law.</p></abstract>

One of the most significant developments in international law was the establishment of Special Tribunals that could bring to justice individuals allegedly responsible for “grave breaches” and violations of the law against humanity. This is, undoubtedly, a recent global development that has challenged the issues of impunity and sovereignty. Since the Nazis’ atrocities and the Nuremberg trials, war crimes law has broadened its scope and has recognized a number of offenses considered as “international crimes” and which have also come to be described as “genocide”. However, although intended to put an end to the politics of impunity for the perpetrators of these crimes, a number of signatory states are reluctant to bring to justice those responsible for these defined international crimes. Indeed, the jurisprudence developed in these Special Tribunals provided an impetus for the development of the Rome Statute for the International Criminal Court (ICC). More specifically, it has been argued that war crimes and crimes against humanity are committed by men, not by abstract entities, and only by punishing individuals who commit such heinous crimes can the provisions of international law be enforced and realized. However, a perfectly reasonable case can be made that the creation of these tribunals does represent a new era in international law.

The Development of Individual Criminal Responsibility Under International Law: Lessons from Nuremberg and Tokyo War Crimes Trials

Journal of Legal Studies

This work is licensed under the Creative Commons Attribution 4.0 Public License.

One of the most significant developments in international law was the establishment of Special Tribunals that could bring to justice individuals allegedly...

The Development of Individual Criminal Responsibility Under International Law: Lessons from Nuremberg and Tokyo War Crimes Trials

Publié en ligne: 17 juil. 2020

Pages: 69 - 97

Reçu: 01 avr. 2020

Accepté: 01 juin 2020

DOI: https://doi.org/10.2478/jles-2020-0005

Mots clés
International humanitarian law, jurisdictional immunity, sovereignty, genocide, prosecution, criminal responsibility

© 2020 William Edward Adjei, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 Public License.

The Development of Individual Criminal Responsibility Under International Law: Lessons from Nuremberg and Tokyo War Crimes Trials

Publié en ligne: 17 juil. 2020

Pages: 69 - 97

Reçu: 01 avr. 2020

Accepté: 01 juin 2020

DOI: https://doi.org/10.2478/jles-2020-0005

Mots clésInternational humanitarian law, jurisdictional immunity, sovereignty, genocide, prosecution, criminal responsibility

© 2020 William Edward Adjei, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 Public License.

Mots clés
International humanitarian law, jurisdictional immunity, sovereignty, genocide, prosecution, criminal responsibility