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Barbie

France.  06 October 1983 ; 26 January 1984 ; 20 December 1985 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

War and armed conflict — Enforcement of the laws of war — War crimes and crimes against humanity — London Charter of the International Military Tribunal, 1945, Article 6(b) and (c) — Distinction between war crimes and crimes against humanity — Whether crimes against humanity confined to crimes motivated by racial or religious factors — Whether torture and ill-treatment of members of French Resistance capable of constituting a crime against humanity, as well as a war crime — Time-limits under French law for prosecution of war crimes

War and armed conflict — Crimes against humanity — Definition — International criminal law — Effect in municipal legal order — Jurisdiction of municipal courts — Whether prosecution of crimes against humanity subject to statutory time-limits

Jurisdiction — Irregular return to State of trial — Defendant deported to State of which he was not a national — Receiving State wishing to charge him with crimes against humanity — No extradition treaty between returning and receiving States — Whether circumstances of defendant’s return a bar to prosecution

Jurisdiction — Universal — Crimes against international law — Crimes against humanity — Jurisdiction of municipal courts

Extradition — Conditions — Return of fugitive offender other than by extradition — Whether disguised extradition — Whether a bar to prosecution in receiving State

Human rights — Punishment of crimes against humanity — Whether any right to benefit of statutory limitation of prosecution — Whether guaranteed by Articles 7(2) and 60 of European Convention on Human Rights, 1950, or Article 15(2) of International Covenant on Civil and Political Rights, 1966

Relationship of municipal law and international law — Crimes against international law — Punishment of crimes against humanity by municipal courts — International criminal order — Abolition of frontiers — Inapplicability of statutory limitation of prosecution — Principles of law recognized by the community of nations — Integration into municipal legal system — Treaties — Interpretation by the executive — The law of France

Type
Case Report
Copyright
© Cambridge University Press 1988

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