The influence of the principles and rules of the Nuremberg Tribunal on international criminal courts

Hossein Jafari Taheri¹ Shahrooz Darbandi² Shervin Darbandi³

1) Assistant Professor at Islamic Azad University, West Tehran Branch
2) Ph.D student in International Public Law, Islamic Azad University Qeshm International Branch
3) Bachelor of Law in Payam -E Nor University

IOI Code : XYCF-HFFAE
Publication : 2nd.International Congress on Management, Economy, Humanities and Business Development(icmba.ir)
Abstract :
    Background and Aim: The pursuit and trial of the perpetrators of war crimes during the Second World War was a priority for the Allies, and for this reason, on November 20, 1945, the trial of the main war criminals of the Nazi regime began in Nuremberg, Germany, based on the London Charter. The Nuremberg Charter contained three criminal titles: crimes against peace, war crimes, and crimes against humanity, and based on that, invoking the defenses of political immunity and superior authority could not be a reason for removing individual criminal responsibility. This research first deals with the formation of this court and examines its principles and then examines the special role of the prosecutor in it. Methodology: The present study is based on a descriptive-analytical method and based on documents and library sources, and in this regard, by studying international documents, with a practical purpose, the obtained information is analyzed. Results and Findings: The results of the research show that International criminals were tried for the first time in a very serious manner and sometimes received heavy sentences, which was a turning point in the pursuit of international crimes, but the non-observance of the principle of the legality of crimes and punishments and, accordingly, the principle of non-retrospection of criminal laws and regulations. There were objections to it, and the non-independence of the prosecutor created a serious challenge in the trial review process. This court made a distinction between war crimes and crimes against humanity, and by defining crimes against humanity, anti-human acts against the civilian population are among these crimes. In the end, judgments were issued regarding the accusations of war crimes and crimes against humanity.

Keywords : crime against humanity nuremberg prosecutor nuremberg military tribunal international law international criminal courts