Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege
This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following
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Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege
Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege
Thomas Rauter
Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege
Thomas Rauter Bezirkshauptmannschaft Salzburg-Umgebung Land Salzburg Salzburg, Austria
ISBN 978-3-319-64476-9 ISBN 978-3-319-64477-6 DOI 10.1007/978-3-319-64477-6
(eBook)
Library of Congress Control Number: 2017948010 © Springer International Publishing AG 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Preface
We must never forget that the record on which we judge these defendants today is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well. We must summon such detachment and intellectual integrity to our task that this Trial will commend itself to posterity as fulfilling humanity’s aspirations to do justice.1
These were the words addressed by the chief US prosecutor Robert H. Jackson to the International Military Tribunal at the opening of the trial of the major war criminals on 21 November 1945 in Nuremberg. Those words remind us that it is the task of every international criminal tribunal to uphold fundamental principles of criminal justice in order to preserve the integrity of the system of international criminal justice and not to sacrifice these principles to obey a “cry for vengeance which arises from the anguish of war”.2 When the International Criminal Tribunal for the Former Yugoslavia (ICTY) took up its work in the 1990s, it was faced with the problem that the development
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