Germany; Convention on the Prevention and Punishment of the Crime of Genocide , (1951) 78 U.N.T.S. 277; Statute of the International Criminal tribunal for the Former Yugoslavia , S.C. Res. 827, Annex; Statute of the International Criminal Tribunal for Rwanda S.C. Res. 955, Annex.
General Principles of
case-by-case, bottom-up and holistic manner that suits the needs of those affected, taking into consideration what and who this is all about.
The Nuremberg and Tokyo tribunals were created by the victorious powers of the Second World War to prosecute German and Japanese leaders for their
, compensation and an apology for the inherent racism in the policy. 27 It took 23) Th e operation ‘paperclip’ ran oﬃ cially from 1945 until 1957 when West Germany protested to the US for utilising its scientists from the Nazi era in mind-control experiments. 24) Th e three major sterilization centres became R
the Supreme Court of Israel in the Pal case,
‘civilian population’ is a broad term which includes also part of a civilian population (…). For instance, in a town where the majority of the population were Nazis, acts of extermination of a Polish minority would be acts of extermination of a civilian
already content just to be included among the Big Four, and the Soviets, who basically were agreeable to any plan that would lead to the punishment of the Nazis. 6 The ensuing procedure com- prised important elements of the common law criminal procedure, be it with what seemed important modifications. The
disapprove of some treaties and contracts (so as not to be an accomplice to injustice as Buchanan argues), e.g. an alliance between Italy and NaziGermany during World War II or a contract between a state and unjust political entity for the purchase of nuclear weapons, surely the international community
the peace agreements. 159
A statement by the cacif warned that Guatemala’s reputation was being tarnished by the genocide accusation: ‘Guatemala has joined the select club of genocidal states, together with NaziGermany, the former Yugoslavia, Rwanda, and Cambodia’. 160 By the time this
) Former Yugoslavia, Rwanda, Darfur. 24) Nazi concentration camps. 25) Rwanda in 1994. 26) Meier, supra note 8, p. 90. 27) Convention on the Prevention and Punishment of the Crime of Genocide, 1951, 78 UNTS 277. 28) Article II(1)(c) of the Control Council Law n. 10, Punishment of Persons Guilty of War
the oﬀ ender has ﬂ ed (for example Adolf Eichmann), the diﬃ - culty of establishing a suitable venue or the victor’s domestic law may oﬀ er no punishment for the act. Trial by national courts may be unsatisfactory, as evi- denced by the German Leipzig trials which commenced in 1921, but a collateral
have openly endorsed this view, with the German and Polish delegates at the Seventh Session of the Assembly of State Parties praising the court for its role in strengthening the ‘rule of law all over the world’ and describing international criminal justice as a cause in and of itself.