By Y. Beigbeder
The ebook summarizes the paintings of overseas legal courts targeting the political demanding situations confronted through them. it's a functional, finished handbook at the beginning and improvement of foreign felony justice and contains the felony tribunals of Nuremberg, Tokyo, Yugoslavia, Rwanda, East Timor, Sierra Leone, Cambodia, Lebanon, Iraq.
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Additional resources for International Criminal Tribunals: Justice and Politics
Sample text
He blamed the ‘political non- organization of the world’ for the decision reached by ‘the victorious nations both judges and partakers in this decision’, to exclude the ‘eventual proclamation of the responsibility of the conquerors’. However, he gave legitimacy to the trial in finding the provision of a trial instead of summary punishment sufficient proof of the good will of the Allies ... 60 On conventional war crimes, Bernard wrote, ‘There can be no doubt that at all levels of its hierarchy the members of the Japanese Army and Police made themselves guilty of the most abominable crimes in respect of the prisoners of war, internees and civilians of the occupied regions’.
The legitimacy of the Tribunal The Tribunal held in its judgment that it was bound by the Charter and that its jurisdictional basis as provided in the Charter could not be challenged:9 The making of the Charter was the exercise of the sovereign legislative power by the countries to which the German Reich unconditionally surrendered, and the undoubted right of these countries to legislate for the occupied territories had been recognized by the civilised world. The Charter is not an arbitrary exercise of power on the part of the victorious nations, but in the view of the Tribunal, as will be shown, it is the expression of international law existing at the time of its creation; and to that extent is itself a contribution to international law.
Under this count, the defendants were accused of war crimes committed between 1 September 1939 and 8 May 1945, including murder and ill-treatment of civilian populations of or in an occupied territory and on the high seas, deportation of civilian populations for slave labour, murder and ill-treatment of prisoners of war, killing of hostages, wanton destruction and devastation of cities and villages not justified by the Hague Convention of 1907 and Annexed Regulations concerning the Laws and Customs of War on Land.
