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Rejecting Radbruch: The European Court of Human Rights and the Crimes of the East German Leadership

Published online by Cambridge University Press:  03 March 2004

Abstract

The European Court of Human Rights found no violation of the Convention in its judgement in the complaints of the former East German political and military leaders Streletz, Kessler, and Krenz. All three were convicted and sentenced to terms in prison by German courts in relation to the deaths of East Germans who were killed in attempts at fleeing across the fortified border between East and West Germany. Nonetheless, the Court's decision constitutes a clear rejection of the Radbruch Formula, which served as a central line of reasoning in the decisions of the German courts in the cases. The author addresses the Court's rejection of the Radbruch Formula, focusing especially on the distinct historical and political circumstances that existed after World War II and in 1989.

Type
CURRENT LEGAL DEVELOPMENTS
Copyright
© 2001 Kluwer Law International

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