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The Trial of the Kaiser$
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William A. Schabas

Print publication date: 2018

Print ISBN-13: 9780198833857

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780198833857.001.0001

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International Law and War Crimes

International Law and War Crimes

Chapter:
(p.139) 10 International Law and War Crimes
Source:
The Trial of the Kaiser
Author(s):

William A. Schabas

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198833857.003.0010

If the Kaiser were to be brought to justice, he had to be charged with war crimes in the strict sense. The Commission on Responsibilities is the first forum in which there is an attempt to define international war crimes. Building upon the Hague Conventions adopted before the outbreak of the war, a list of violations of the laws and customs of war is prepared. When the British and the French insist on adding the phrase ‘the laws of humanity’, the Americans object that this is a matter of morality and not law. The Commission also considers whether to establish an international criminal court where such international crimes might be charged.

Keywords:   war crimes, laws of humanity, Hague Conventions, laws and customs of war, submarine warfare, Edith Cavell, Commission on Responsibilities, Robert Lansing, rape

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