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War and Law since 1945$
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Geoffrey Best

Print publication date: 1997

Print ISBN-13: 9780198206996

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780198206996.001.0001

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The Contribution of the Courts: Nuremberg, Tokyo, and the Rest

The Contribution of the Courts: Nuremberg, Tokyo, and the Rest

Chapter:
(p.180) 6 The Contribution of the Courts: Nuremberg, Tokyo, and the Rest
Source:
War and Law since 1945
Author(s):

Geoffrey Blest

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198206996.003.0006

This chapter discusses the contributions of the international Courts in relation to the clarification and development of the law of war with the possible exception of the Nuremberg Principles. It explains that the Nuremberg Principles originated in a Resolution of the General Assembly (Resolution 95, adopted on 11 November 1946). It notes that the resolution is reaffirmed in some fashion by the UN's International Law Commission in mid-1950. It clarifies that the GA's unanimous vote ‘indicated subscription by a large number of States to the substantive law of war crimes, including the principle of individual criminal responsibility, and to the lawful exercise of criminal jurisdiction over such individuals’. It emphasizes that in the International Military tribunals known to history as the Nuremberg and Tokyo trials, defendants were also tried for other alleged offences. It stresses the importance of determining the relationship of those other offences with the law of war.

Keywords:   law of war, Nuremberg principles, General Assembly, International Law Commission, war crimes, criminal responsibility, criminal jurisdiction, International Military Tribunals, Tokyo trials

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