Аналітично-порівняльне правознавство (Jul 2023)
Nuremberg Trial: problems of legitimacy
Abstract
The article refers to the the concept and principles of Nuremberg Tribunal established after the World War II, as well to the three types of crimes established by the Charter. The author states that such crimes under general international law are based on the recognition of the need for criminal law protection of fundamental universal human values, regardless of whether the composition is reflected relevant crimes in the laws of the state in whose territory they were committed. This provision is reflected in the Charter of the Nuremberg tribunal dealing with crimes subject to its jurisdiction “whether or not these acts constituted a breach of internal the rights of the country where they were committed, or not” (paragraph “c” of article 6). The attention is also paid to the jurisdiction of the Tribunal. This, jurisdiction of the tribunal was extended to actions that took place in the past, and this required conceptual alignment with the maxim «nullum crimen, nulla poena sine praevia lege poenali». The article also deals with the issue of individual international criminal responsibility, as one of the means by which international law seeks to counter gross violations of human rights. It is reminded that, as of August 8, 1945 between the governments of the Union of Soviet Socialist Republics, The United States of America, the United Kingdom of Great Britain and Northern Ireland and the Provisional Government of the French Republic in London signed the Agreement on the Prosecution and Punishment of the Chief War Criminals of the European Axis countries, to which the Charter of the International Military Tribunal was annexed. It is stated that references to the retroactive application of criminal law have become one of the reasons for the doctrinal rejection of the Nuremberg precedent. Question about whether the adoption of the London Agreement and the Charter of the International Military Tribunal was an act of lawmaking, that is, whether they contained they are new legal rules that have been applied to the events that took place before they were adopted, have not yet found a clear solution.
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