Reaching Judgment at Nuremberg
About: This article is published in Foreign Affairs.The article was published on 1977-01-01. It has received 60 citations till now.
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10 Jun 2005TL;DR: In this paper, the development of international criminal law and its application in international criminal tribunals is discussed. But the focus is on the selective nature of the law and not on the specific cases.
Abstract: Table of cases Table of treaties Table of abbreviations Introduction 1. The development of international criminal law 2. International criminal law 3. International criminal tribunals and the regime of international criminal law enforcement 4. Selectivity in international criminal law 5. Selectivity and the law I 6. Selectivity and the law II.
114 citations
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03 Dec 2007TL;DR: In this paper, the authors discuss the role of aging, illness, and addiction in the development of presidential health care, including the 25th Amendment and the 18th Amendment to the United States Constitution.
Abstract: 1. Introduction 2. Aging, illness, and addiction 3. The exacerbation of personality: Woodrow Wilson 4. Leading while dying: Franklin Delano Roosevelt, 1943-45 5. Addicted to power: John F. Kennedy 6. Richard Nixon: bordering on sanity 7. 25th Amendment 8. Presidential care.
81 citations
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19 Apr 2018TL;DR: Punishing Atrocities through a Fair Trial as discussed by the authors explores the tension between the Nuremberg Trials as 'victor's justice' and the accusations of political motivations clouding prosecutions today by the International Criminal Court.
Abstract: Over the past decades, international criminal law has evolved to become the operative norm for addressing the worst atrocities. Tribunals have conducted hundreds of trials addressing mass violence in the former Yugoslavia, Rwanda, Sierra Leone, Cambodia, and other countries to bring to justice perpetrators of genocide, war crimes, and crimes against humanity. But international courts have struggled to hold perpetrators accountable for these offenses while still protecting the fair trial rights of defendants. Punishing Atrocities through a Fair Trial explores this tension, from criticism of the Nuremberg Trials as 'victor's justice' to the accusations of political motivations clouding prosecutions today by the International Criminal Court. It explains why international criminal law must adhere to transparent principles of legality and due process to ensure its future as a legitimate and viable legal regime.
75 citations
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21 Apr 2008TL;DR: May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations as discussed by the authors, which is the only one of the three crimes charged at Nuremberg that is not currently being prosecuted.
Abstract: In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression - the only one of the three crimes charged at Nuremberg that is not currently being prosecuted - that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. His thesis refutes the traditional understanding of aggression. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations.
65 citations
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18 Apr 2011TL;DR: In this article, transitional justice and the "gray zone" are discussed, and a different kind of justice: South Africa's alternative to legalism is proposed, where actors and spectators are used as judges.
Abstract: 1. Introduction: transitional justice and the 'gray zone' 2. Human rights legalism and the legacy of Nuremberg 3. A different kind of justice: South Africa's alternative to legalism 4. Political judgment and transitional justice: actors and spectators 5. Rethinking restorative justice 6. Remembering resistance 7. Conclusion: the shadows of the past.
61 citations