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Elies van Sliedregt

as with the guilt of the German people for Nazi crimes – may constitute irrational legal judgements violating the principle of individual criminal responsibility. In the long run such judgements will lose their validity, as seen with the Yamashita case, and will eventually be exposed by the passage

Frank Meyer

. In post-war Germany numerous persons affiliated with the Nazi- regime were removed from office or disqualified for government employment. In Czechoslovakia, after the 1989-revolution, communist officials and collab- orators were barred from holding posts in government, military, courts, and

John Graham

incipient development of crime prevention policies in Germany remains an enigma. This may be in part due to the predominantly legalistic approach to law enforcement in Ger- many and of course experiences of citizen involvement in neighbourhood surveillance during the Nazi era has clearly produced a healthy

Mohamed Elewa Badar

international community witnessed the devastatingly far-reaching effects of genocidal propaganda through publications such as Der Stürmer in Nazi Germany and Kangura in Rwanda, which, combined with many other explicit and implicit forms of incitement, saw the combined deaths of millions of innocent people

Vagn Greve

implementation. Several countries (e.g., Germany and France) hand down severe punishment to persons, who doubt the number of murdered Jews under the Nazi. The rules were implemented in Denmark through a backdoor, which created an obligation to extradition. People with such views can also be found in Denmark and

Scaliotti

of international adjudication did not materialize, since the Allies allowed the Supreme Court of Germany, sitting in Leipzig, to prosecute those persons alleged to have committed war crimes. Subsequently World War II originated the commission of a huge number of serious crimes and consequent trials

Tatiana Bachvarova

traced back to the early 1920s in the wake of the First World War in the jurisprudence of the USA-Germany Mixed Claims Commission 30 in the Lusitania cases. 31 According to the Commission, in death cases the basis of damages is not the physical or mental suff ering of the deceased, their loss or the loss

Michela Miraglia

crimes”), case law went in the opposite direction. We should remember here that the Corte d’appello of Bologna refused to extradite a German citizen, Kroger, indicted of genocide by a German Court, considering genocide as a political crime and consequently applying article 10 of the Constitution. 10

Ademola Abass

legal system is monistic and accords international treaties an authority superior to that of national law. 94 Only Germany has so far shown some willingness towards universal juris- diction. But even then, this is a seriously qualified one and usually coupled with other jurisdictional bases. 95 The

Gabriele Della Morte

genocide or crimes against humanity). This is what happened in Italy (where there was never an International Military Tribunal as there was in Nuremberg and in Tokyo, despite the fact that Italy was allied with Nazi Germany), for instance, with the ‘Togliatti amnesty’. 26 But how can one distinguish a