From Nuremberg to The Hague
From Nuremberg to The Hague

Author: Philippe Sands

Publisher: Cambridge University Press

Published: 2003-03-06

Total Pages: 210

ISBN-13: 9780521536769

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This 2003 collection of essays is based on five lectures organized jointly by Matrix Chambers of human rights lawyers and the Wiener Library between April and June 2002. Presented by leading experts in the field, this fascinating collection of papers examines the evolution of international criminal justice from its post World War II origins at Nuremberg through to the concrete proliferation of courts and tribunals with international criminal law jurisdictions based at The Hague today. Original and provocative, the lectures provide various stimulating perspectives on the subject of international criminal law. Topics include its corporate and historical dimension as well as a discussion of the International Criminal Court Statute and the role of the national courts. The volume offers a challenging insight into the future of international criminal legal system. This is an intelligent and thought-provoking book, accessible to anyone interested in international criminal law, from specialists to non-specialists alike.

From Nuremberg to the Hague
From Nuremberg to the Hague

Author: Joseph A. Ellenbecker

Publisher:

Published: 1998

Total Pages: 99

ISBN-13: 9781423562290

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On May 25, 1993 the United Nations established a war crimes tribunal at The Hague for the former Yugoslavia - the first such institution since Nuremberg. As the Hague Tribunal gathers evidence and hears cases, every aspect of its establishment, structure, and mode of operation is being compared to the Nuremberg International Military Tribunal (IMT). Many people expect that the principles used to convict the accused at Nuremberg will be just as successfully applied at the Hague Tribunal. However, the cases differ in two important ways. The first difference concerns the factors that drove the establishment of the two events. The motives behind the creation of the IMT tribunal were largely political, while in the former Yugoslavia, though a limited political agenda exists, legal considerations have been paramount The second difference concerns the framework of applicable law. Nuremberg defendants were prosecuted in an ex- post facto manner whereas at the Hague Tribunal, due to codification of war crimes laws since the IMT, the prosecution is required to produce definitive evidence in order to gain conviction. Despite such differences, the Hague Tribunal proceedings are building on the Nuremberg precedent. Just as Nuremberg formed a milestone in the fusing of international law with fundamental moral principles, the Hague Tribunal will likely take this process a step further with the establishment of a permanent international criminal court, thereby creating some measure of deterrence for war crimes in the future.