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4 - Before Rome

Common Law Influence and the Merging of Morality and Legality

Published online by Cambridge University Press:  09 February 2023

Liana Georgieva Minkova
Affiliation:
University of Cambridge
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Summary

Chapter 4 argues that the nascent community of international criminal law practice coalesced around the judgments issued by the International Military Tribunal (IMT) in Nuremberg and International Military Tribunal for the Far East (IMTFE) in Tokyo after the end of the Second World War. The United Nations (UN) tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR), established in the 1990s, significantly developed the legal rules regulating the attribution of individual criminal responsibility for mass atrocities, further consolidating the international criminal justice field. Chapter 4 argues that, from the perspective of intersubjective legalism, both the post-Second World War tribunals and the UN tribunals displayed sound legal reasoning in the assessment of criminal responsibility for two reasons: Firstly, they followed a consistent normative logic, namely that morality was the animating force behind legality. Secondly, many judges and outside legal commentators shared that normative logic. Nevertheless, over time the UN tribunals polarized the international criminal justice community of practice on questions concerning the scope and requirements of criminal responsibility rules.

Type
Chapter
Information
Responsibility on Trial
Liability Standards in International Criminal Law
, pp. 91 - 119
Publisher: Cambridge University Press
Print publication year: 2023

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  • Before Rome
  • Liana Georgieva Minkova, University of Cambridge
  • Book: Responsibility on Trial
  • Online publication: 09 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009320191.004
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  • Before Rome
  • Liana Georgieva Minkova, University of Cambridge
  • Book: Responsibility on Trial
  • Online publication: 09 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009320191.004
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Before Rome
  • Liana Georgieva Minkova, University of Cambridge
  • Book: Responsibility on Trial
  • Online publication: 09 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009320191.004
Available formats
×