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- ‘Whatever else the Nuremberg and Tokyo Trials did, they firmly established in the legal consciousness the proposition that there are certain crimes which are of international concern or which are crimes under international law.’
Roger S Clark, ‘Nuremberg and Tokyo in Historical Perspective’ in Timothy L H McCormack and Gerry J Simpson (eds), The Law of War Crimes: National and International Approaches (The Hague: Kluwer Law International, 1996) 171 at 185.
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Get Help Now!Discuss the extent to which the judgments of the International Military Tribunals held at Nuremberg and in Tokyo:
- built on existing international law or involved new developments; and
- have influenced the progressive development and codification of international criminal law.
2. Describe and critically analyse the experience of your own country with the adherence to and implementation of international criminal law norms. What legal and political challenges have been experienced in seeking to give effect of international criminal law in your country?
3. In a speech delivered to the Federalist Society in Washington DC on 10 September 2018, US National Security Adviser, John Bolton attacked the International Criminal Court, setting out five major objections that the US had to the Court and its operations. He also indicated a number of actions that the United States was prepared to take against judges and other officials of the Court, as well as other countries which cooperated with the Court in the conduct of investigations involving the action of the US or its allies.
Examine one or more of the criticisms made of the Court by Mr Bolton in the light of the relevant international law and the actual operation of the Court. You may also wish to examine the political background and context of these comments and of the US attitudes to the Court since its establishment.
4. The relationship between the International Criminal Court and African States has been a complex one, involving difficult legal and political issues.
Identify what you consider to be the major areas of disagreement and analyse these from legal and political perspectives. What steps have been taken by the ICC, the AU and individual African States in response to these tensions and disagreements?
5. Tom Thawthrop entitles his January 2018 article in the The Intepreter ‘Despite the controversy, the Khmer Rouge Tribunal is a success’. What have been the controversial aspects of the operation to the Khmer Rouge Tribunal? What have been the positive aspects of the Tribunal and what has not gone well or done harm to the pursuit of justice?
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