By Yves Beigbeder (auth.)
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Additional resources for Judging War Criminals: The Politics of International Justice
R. Marrus, The Nuremberg War Crimes Trial, 1945-46, A Documentary History (Boston/New York: Bedford Books, 1997), p. 261. NUREMBERG CRITICIZED Article 3 of the Charter prohibited the defendants or their counsels to challenge the Tribunal. A petition submitted by all defense counsels the day before the opening of the trial, on 20 November 1945, challenging the criminality of 'starting an unjust war' and The Nuremberg Precedent 39 complaining that the Tribunal was composed exclusively of judges from the victorious powers, was expectedly denied by the Tribunal.
The Tribunal had the right to impose upon a defendant, on conviction, death or such other punishment determined by it to be The Nuremberg Precedent 35 just. Judgments as to the guilt or innocence of any defendant were final. However, in case of guilt, the Allied Control Council for Germany could reduce or otherwise alter the sentences but could not increase their severity. In the event, the Control Council accepted without change the Tribunal's sentences. The Defendants and their Sentences Twenty-four individual defendants were indicted, as well as seven organizations.
The Tribunal for ex-Yugoslavia, established in 1993, was given the power to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 1949, violations of the laws or customs of war (the law of the Hague), genocide and crimes against humanity (the Nuremberg law). The Rwanda Tribunal was given similar power, except for the violations of war or customs of war. THE LINK TO HUMAN RIGHTS Both the humanitarian and the human rights movements have similar historical, religious and philosophical origins.
Judging War Criminals: The Politics of International Justice by Yves Beigbeder (auth.)