Evolution of the Individual Criminal Accountability Principle in International Law
DOI:
https://doi.org/10.54183/jssr.v2i4.96Keywords:
Criminal Accountability Principle, International Law, Humanity, Act of War Crimes, Legislation, Policies of PunishmentAbstract
The creation of Special Tribunals with authority to prosecute those accused of "grave breaches" and infringements of the law towards humanity was among the most significant breakthroughs in international law. Unquestionably, this is a recent worldwide development that has raised questions about sovereignty and impunity. Since the horrors committed by the Nazis and the Nuremberg trials, war crimes legislation has expanded its definition to include several offenses that are now referred to as "international crimes" and "crimes of genocide." Although it was created to combat the politics of punishment for those who commit these crimes, some member states are unwilling to prosecute people who commit these recognized international crimes. In fact, the Rome Statute for the International Criminal Court (ICC) was drafted due to the jurisprudence established by these Special Tribunals. More precisely, it has been maintained that Act of war crimes and Act of crimes against humanity are perpetrated by individuals and not by impersonal forces, and that international law can only be upheld and implemented by punishing those responsible for such horrible crimes. Nevertheless, a convincing argument could be made that the establishment of these tribunals heralds a revolutionary change in international law. The qualitative research methodology has been applied to the following article.
References
Bassiouni, M. C. (2001). Affirmation of the Principles of International Law Recognized by the Charter of the Nuremberg Tribunal and the Judgement of the Trial, UN Doc. A/64/Add. 1, A/Res/95 (1)(11 Dec. 1946). In International Terrorism: Multilateral Conventions (1937-2001) (pp. 469-469). Brill Nijhoff.
Bilsky, L. (2012). Transnational Holocaust Litigation. European Journal of International Law, 23(2), 349-375.
General Assembly, U. N. (2017). The United Nations Universal Declaration of Human Rights. Philosophy Now, 118, 18-19.
Hay, J. (Ed.). (2002). The Treaty of Versailles. Greenhaven Press, Incorporated.
Heller, K. J. (2011). The Nuremberg military tribunals and the origins of international criminal law. Oxford University Press on Demand.
International Law Commission. (2001). Draft articles on accountability of states for internationally wrongful acts. Yearbook of the International Law Commission, 2(2), 49.
Kaczorowska-Ireland, A. (2015). Public international law. Routledge.
Kreß, C. (2006). The crime of genocide under international law. International Criminal Law Review, 6(4), 461-502.
Krupp et al case, Available at: http://www.worldcourts.com/imt/eng/decisions/1948.07.31_United_States_v_Krupp.pdf
Malcolm, N. (2008). International law. Cambridge University Press.
McDonald, G. K., & Swaak-Goldman, O. (2000). Charter of the International Military Tribunal for the Far East: January 19 1946 (as amended on April 26 1946). In Substantive and Procedural Aspects of International Criminal Law (pp. 73-77). Brill.
Meron, T. (1998). War crimes law comes of age. American Journal of International Law, 92(3), 462-468.
Newman, A. (1999). The Nuremberg Laws: Institutionalized Anti-Semitism. Lucent Books.
Nicaragua v. United states of America available at https://www.icj-cij.org/files/case-related/70/070-19860627-JUD-01-00-EN.pdf
Rotberg, R. I. (Ed.). (2010). Mass Atrocity Crimes: Preventing Future Outrages. Brookings Institution Press.
Sayapin, S. (2014). The crime of aggression in international criminal law: historical development, comparative analysis and present state. Springer Science & Business Media.
Schuster, M. (2003). The Rome Statute and the crime of aggression: A Gordian knot in search of a sword. In Criminal Law Forum (Vol. 14, No. 1, p. 1). Springer Nature BV.
Sell, L. (2003). Slobodan Milosevic and the destruction of Yugoslavia. Duke University Press.
Sheldon, C. D. (1980). The Tokyo Judgment. The International Military Tribunal for the Far East (IMTFE), April 29 1946-November 12 1948. Edited by BVA Röling and CF Rüter. APA—University Press Amsterdam: 1977. Two volumes, a third to follow. Modern Asian Studies, 14(4), 703-704.
Stone, J. (1976). Defining International Aggression: The Search for World Peace, A Documentary History and Analysis. By Benjamin B. Ferencz. Dobbs Ferry: Oceana Publications, Inc., 1975. Pp. Vol. I, xx, 558; Vol. II, xii, 626. $75. American Journal of International Law, 70(4), 850-856.
Tusa, A., & Tusa, J. (2010). The Nuremberg Trial. Skyhorse Publishing Inc.. http://www.nurembergtothehague.info/Nuremberg/Excerpts%20from%20The%20Nuremberg%20Trial%20-Tusa.pdf
United States et al. v. Araki et al., Judgment (IMTFE, November 4 1948) available at: http://www.worldcourts.com/imtfe/eng/decisions/1948.11.04_IMTFE_Judgment.htm
Von Bernstorff, J. (2010). The public international law theory of Hans Kelsen: believing in universal law (Vol. 68). Cambridge University Press. https://www.cambridge.org/core/books/public-international-law-theory-of-hans-kelsen/8A168EC98D294F6E2C99118A77A50847
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Copyright in the Journal of Social Sciences Review is retained by the author(s). Authors also grant any third party the right to use the article freely as long as its integrity is maintained and its original authors, citation details and publisher are identified.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
SSR's Editorial Board shares the vision of providing free access to information, education, and science for everyone, thus promoting its content through an OPEN ACCESS POLICY, fulfilling the DOAJ definition of open access. The JSSR adheres to an Open Access and Copyright Licensing Policy based on the belief that making research freely accessible to the public promotes greater global knowledge sharing.
The JSSR uses the Creative Commons Attribution-NonCommercial 4.0 International License. The authors who apply and publish in JSSR consent to abide by the copyright policy set out in the Creative Commons 4.0 license (Attribution-NonCommercial 4.0 International license).
- Copyright in the Journal of Social Sciences Review is retained by the author(s).
- Authors also grant any third party the right to use the article freely as long as its integrity is maintained and its original authors, citation details and publisher are identified.
While "By 'open access' to this literature, we mean its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself."
