Hearing in Domestic Court German

Course : International criminal law Lecture : Hady Credit Hours : 3 Credits Semester Sessions : 3 Semester, 2021/2022 Session Prepared By : Pegyy Dania LECTURE NOTES Hearing in Domestic Court German In addition to the Nuremberg International Military Tribunal hearings, trials were also held in domestic courts. The most famous court is the court held below supervision Control Council law no. 10 (although other didangs are implemented in other European countries) The law provides that for trials for crimes that similar – for example crimes against peace, war crimes and crimes against humanity (and also the fourth category of crimes for membership in a criminal organization) The definition of crime is based on the definition in the London Charter (although not completely identical to it) International Military Tribunal for the East Far After the war in the Pacific ended, a similar process was established to prosecute suspected Japanese war criminal. This tribunal was formed by General McArthur (Supreme Commander of the Allied Armies) through a special proclamation on January 19, 1946 (and this tribunal almost entirely controlled by the United States) The definition of crime used is very similar to the definition used on the London Charter for the Nuremberg Tribunal.  crimes against peace : namely, planning, preparing, initiating or challenging a war aggression that has been declared or not declared, or war in violation of the treaty international agreements, agreements or guarantees, or participation in plans together or agree to implement a condition mentioned above;  Conventional war crimes; namely a violation of the law or war habits.  Crimes against humanity: namely, murder, extermination, slavery, displacement, or other inhumane acts that carried out before or during the war. , or prosecution on political grounds, or racial discrimination in execution or in connection with any crime within the tribunal's jurisdiction, regardless of whether the act is infringing domestic law where the crime occurred. Leader, organizer, instigators and accomplices involved in the formulation or implementation of a joint plan or conspiracy to commit a crime mentioned above is responsible for all actions carried out by everyone in the implementation of the plan. It should be noted that in Japan the process for implementing the trial system is parallel in local courts it is not implemented. Common Themes in post Courts WWII despite the procedures and definitions of crimes that an individual can These trials vary, but a common theme emerges:  The concept that an individual can be held responsible under international law, even though at the time the act was committed, such actions are not a violation of domestic law.  The concept of command responsibility (which is very well known in cases Yamashita)this is perhaps the crystallization of a concept that has been developed before.  The concept of crimes is regulated in international law other than war crimes - especially crimes against peace (now known as “aggressions”) and crimes against humanity. [but it should be noted that for certain times the application of crimes against humanity remains limited, due to the concept that such crimes can only occur in relation to war crimes, or crimes against peace- and because these crimes require conflict armed, then this means that it is a crime against humanity too only occurs if there is armed conflict. This approach has been expanded application recently.  The idea that superior orders are not a defense argument in a crime internation (although it should be noted that some defendants are allowed to use the defense of forced conditions) Further Developments Several developments followed soon after the war ended:  After the Nuremberg verdict: General Assembly Resolution Number 95 in 1946 approved the principles of international law stated in Nuremberg Charter and on tribunal decisions “agree to the principles of international law recognized by The Nuremberg Charter and the decision of the Tribunal" The General Assembly ordered the International Law Commission (which at the time it was expected to be formed soon- what would later be known as International Law Codification Committee) to make a Statement Principles of International Law from the Charter of London and the Tribunal Nuremberg.  Principles developed by the International Law Commission as the response to General Assembly Resolution Number 95 (I) was then adopted by General Assembly Resolution No. 488(V) in 1950. These principles establish, among other things, the definition of crimes against peace, war crimes and crimes against humanity.  General Assembly Resolution -96(I) of 11 December 1946 – declared genocide as a crime in international law.  In 1948 the General Assembly adopted the Convention on Prevention and Punishment of the Crime of Genocide (Convention for the Prevention and Punishment of the Crime of Genocide) It should be noted, that in these instruments on Genocide, the latter instrument was initially considered as one a form of crime against humanity, despite current opinion it started to decrease