THE NUREMBERG VERDICT: HISTORY LESSONS FOR THE FUTURE
| Rok vydání: | 2021 |
|---|---|
| Předmět: |
050502 law
Jurisdiction Jurisprudence 05 social sciences Pharmaceutical Science International law Economic Justice 0506 political science Tribunal Complementary and alternative medicine Sovereignty Political science Law 050602 political science & public administration Sources of international law Pharmacology (medical) 0505 law Reciprocity (international relations) |
| Zdroj: | Courier of Kutafin Moscow State Law University (MSAL)). :197-216 |
| ISSN: | 2311-5998 1945-1946 |
| DOI: | 10.17803/2311-5998.2020.76.12.197-216 |
| Popis: | The article examines the significance of the organization and holding of the Nuremberg International Military Tribunal for the trial of war criminals in 1945-1946 from the point of view of modern international law. (hereinafter — MW) as a unique experience of successful international cooperation, it is highly in demand nowadays; based on the analysis of the Sentence MW formulated a number of lessons for modern national and international justice; made the judgment that the contractual sources (Berlin Declaration, the London Agreement and Charter of the IMT) has had an enormous influence on the subsequent development of international contractual practice; noted that MW took all that was best in socialist (USSR), in fact, continental (France) and the Anglo-Saxon (US and UK) legal systems, have managed to overcome "the system" and national barriers and to find mutually acceptable solutions; it was concluded that since the implementation of international justice aimed at replacing the national justice condition the exercise of international jurisdiction is the loss (In varying degrees) by a state of its sovereignty; the author’s expressed judgment that the effectiveness of national legal and judicial systems based on the Nuremberg jurisprudence, is opposed to international justice, however, the assignment of the functions of international justice in national judicial systems is no less disturbing; In the context of the refusal of the Russian Federation to participate in the ICC, the importance of concluding bilateral agreements with the states parties to the ICC on the exclusion of Russian citizens from the jurisdiction of the ICC in compliance with the principles of the inevitability of punishment, reciprocity and selectivity, as well as the establishment of prohibitions on both cooperation of state authorities with the ICC and the participation of Russian peacekeepers in operations in countries that are under the jurisdiction of this court is emphasized. The MW has set the guidelines that form the fundamental values of modern civilization. |
| Databáze: | OpenAIRE |
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