213) Clark, supra note 32, p. 483, citing M.C. Bassiouni, ‘Searching for Peace and Achieving Justice: The Need for Accountability’, 59 Law and Contemporary Problems 9-28 (1996) 24.
214) “As with NaziGermany, the need for an accurate accounting is particularly compelling in the cases of
which people share their lives, based on common values and views. 32 To name only one example, in the mass crimes perpetrated by the Nazis, the state did not only turn against racial minorities, such as the Jewish or Gypsy populations, but also against other citizens regarded as “sub-humans” due to
-191-334-2812, fax: +44-191-334-2801, e-mail: firstname.lastname@example.org Notes and Comments Editor Mohamed Elewa Badar Editorial Board Hirad Abtahi (The Hague, The Netherlands) Ronald J. Allen (Chicago, USA) Diane Marie Amann, Davis (California, USA) Kai Ambos (Göttingen, Germany) Anabela Atanásio (The Hague
, chief prosecutor for the u.s. , in his Opening Address at Nuremberg:
[L]et me make clear that while this law is first applied against German aggressors, the law includes, and if it is to serve a useful purpose it must condemn aggression by any other nations, including those which sit here now in
activism are ideologically opposite to us. Norberto Bobbio’s words are, in this context, illuminating: “We never delight when progressive or evolutionary interpretation was undertaken by Nazi judges”. 40 Defending judicial activism when it is good (when, according to me, it is good) and rejecting it
contentious issues of the genocide definition. Their exclusion had the consequence that 300,000 mentally ill and homosexual Germans murdered by the Nazis were not granted protection as genocidal acts. However, the acts remain prohibited, despite under other norms (Verdirame, supra note 57, p. 581).
with crimes against cultural heritage. At the post-World War Two Nuremberg Tribunal, for example, some defendants were prosecuted for crimes against cultural property. These included Alfred Rosenberg, the Nazi Party’s main ideologue. As the head of the Einsatzstab, Reichsleiter Rosenberg or Special
may lead to violence. According to Nowak, Article 20(2) should be interpreted sensibly in the light of its ‘responsive character’ — its coming into being as a response to the Nazi hatred campaigns and subsequent genocide. 65 The idea behind the provision is to tackle the roots of such horrors
Article (Second Edition) (Verlag C.H. Beck oHG, Germany, 2008), p. 616.
63 See ‘2.2.2. Sceptical Approach’.
64 In fact, this version of the due process thesis is so limited in scope, and its association with the due process thesis therefore so tenuous, that any such association should
’s persecution of Jews before and during World War II, 5 both inside and outside of Germany, then crimes against humanity are clearly more serious crimes than war crimes. 6 432 OLAOLUWA ABIOLA OLUSANYA 3 See for example Separate Opinion of Judge Shahabuddeen, Prosecutor v. Erdemovic , Sentencing Judgement of