Nuremberg principles

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The Nuremberg Principles are the principles formulated on behalf of the United Nations by the International Law Commission (ILC) in 1950 from the Statute of the International Military Court (IMG Statute) and the judgment in the Nuremberg Trial .

history

In an oral report to the General Assembly on October 24, 1946, the Secretary-General of the United Nations proposed that the principles applied in the Nuremberg Trials be made a permanent part of international law. In resolution 95, the General Assembly on December 11, 1946 confirmed the principles laid down in the IMG statute and applied in the Nuremberg judgment. With Resolution 177 (II) of November 21, 1947, the International Law Commission, founded on the same day with Resolution 174 (I), was instructed to work out a codification of international law crimes and the principles of the IMG Statute and the Nuremberg judgment. On July 29, 1950, the International Law Commission formulated its version of the Nuremberg Principles.

In the same year, the International Law Commission presented the first draft of an international penal code for “crimes against peace and the security of humanity”. At the same time, the Commission advocated the creation of a permanent international criminal court for these crimes. In 1954 she presented a revised draft of this penal code to the General Assembly, which in turn incorporated the Nuremberg Principles. However, at that time the General Assembly was unable to pass the penal code or to set up the proposed court. The principles served as an indication of the opinionio juris of customary international law in the development of international criminal law.

Principles

The International Law Commission summarized the principles in seven articles:

  1. Any person who commits a crime under international law is criminally responsible for it.
  2. Even if national law does not threaten a punishment for a crime under international law, the perpetrator is punishable under international law.
  3. Heads of state and members of government are also responsible for crimes they commit under international law.
  4. Acting on higher orders does not exempt you from responsibility under international law if the perpetrator could have acted differently.
  5. Anyone charged with an international crime is entitled to due process.
  6. The following crimes are punishable as crimes under international law: a) crimes against peace b) war crimes c) crimes against humanity.
  7. Complicity in committing the crimes mentioned is also a crime under international law.

Web links

Individual evidence

  1. ↑ : Yoram Dinstein The Defense of Obedience to Superior Orders in International Law ff, Sijthoff-Leyden 1965, p 226th
  2. ^ ILC report: Nuremberg Principles 1950 , PDF
  3. ↑ Nuremberg Human Rights Center: The Nuremberg Principles - Guide to a New International Criminal Law , accessed August 21, 2016
  4. ^ Kate Parlett: The Individual in the International Legal System , Cambridge University Press, 2011, ISBN 978-0-521-19666-6 , p. 258