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18 - 1950 Nuremberg Principles, with Commentary (excerpts)

Published online by Cambridge University Press:  05 June 2014

Stefan Barriga
Affiliation:
United Nations, New York
Claus Kreß
Affiliation:
Universität zu Köln
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Summary

Principle I

Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.

{…}

Principle II

The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.

{…}

Principle III

The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible government official does not relieve him from responsibility under international law.

{…}

Principle IV

The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.

Principle V

Any person charged with a crime under international law has the right to a fair trial on the facts and law.

{…}

Principle VI

The crimes hereinafter set out are punishable as crimes under international law:

(a) Crimes against peace:

  1. (i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;

  2. (ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2011

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