Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgments
- Table of Abbreviations
- Introduction
- 1 Legal Nature
- 2 Phenomenological Considerations
- 3 Emergence in Positive International Law
- 4 Post-Charter Developments
- 5 The Principles of Legality in the London Charter and Post-Charter Developments
- 6 Specific Contents
- 7 The Theories and Elements of Criminal Responsibility
- 8 Defenses and Exonerations
- 9 A Survey of National Legislation and Prosecutions for Crimes Against Humanity
- 10 Concluding Assessment: The Need for an International Convention
- Table of Authorities
- Table of Cases
- Index
10 - Concluding Assessment: The Need for an International Convention
Published online by Cambridge University Press: 05 July 2011
- Frontmatter
- Contents
- Preface
- Acknowledgments
- Table of Abbreviations
- Introduction
- 1 Legal Nature
- 2 Phenomenological Considerations
- 3 Emergence in Positive International Law
- 4 Post-Charter Developments
- 5 The Principles of Legality in the London Charter and Post-Charter Developments
- 6 Specific Contents
- 7 The Theories and Elements of Criminal Responsibility
- 8 Defenses and Exonerations
- 9 A Survey of National Legislation and Prosecutions for Crimes Against Humanity
- 10 Concluding Assessment: The Need for an International Convention
- Table of Authorities
- Table of Cases
- Index
Summary
Rabban Simeon ben Gamaliel said: “The world rests on three pillars: on truth, on justice and peace” (Abot 1, 18).
A Talmudic commentary adds to this saying: “The three are really one. If justice is realized, truth is vindicated and peace results.”
Until the advent of World War II, history had never witnessed the criminal conduct defined in Article 6(c) of the London Charter on such a scale. These crimes were unimaginably horrific to the international community. The law was, therefore, lagging behind the facts, and ultimately, the facts drove the law. Even though the facts superseded the law's anticipation, a general prohibition existed under the rubric of the “laws of humanity.” But its legal sufficiency raised questions of legality. International law had not been permeated with the values of human rights protection of individuals. The Law of the Charter laid the foundation of international criminal justice, which developed after the end of the Cold War, after which the international community developed the ICTY, the ICTR, the ICC, and the mixed-model tribunals. Whether the Charter was declarative of extant international law or innovative is now a moot point. However, the Charter's method is still relevant to contemporary processes that rely on the interplay between conventions, customs, and general principles of law, and whether the applicable law constitutes a legally sufficient source of ICL to satisfy the principles of legality.
- Type
- Chapter
- Information
- Crimes against HumanityHistorical Evolution and Contemporary Application, pp. 724 - 742Publisher: Cambridge University PressPrint publication year: 2011