From Nuremberg to the Hague : a contrasting study of war crimes tribunals
Download
Author
Ellenbecker, Joseph A.
Date
1998-03Advisor
Abenheim, Donald
Second Reader
Patenaude, Bert
Metadata
Show full item recordAbstract
On May 25, 1993 the United Nations established a war crimes tribunal at The Hague for the former Yugoslavia - the first such institution since Nuremberg. As the Hague Tribunal gathers evidence and hears cases, every aspect of its establishment, structure, and mode of operation is being compared to the Nuremberg International Military Tribunal (IMT). Many people expect that the principles used to convict the accused at Nuremberg will be just as successfully applied at the Hague Tribunal. However, the cases differ in two important ways. The first difference concerns the factors that drove the establishment of the two events. The motives behind the creation of the IMT tribunal were largely political, while in the former Yugoslavia, though a limited political agenda exists, legal considerations have been paramount The second difference concerns the framework of applicable law. Nuremberg defendants were prosecuted in an ex- post facto manner whereas at the Hague Tribunal, due to codification of war crimes laws since the IMT, the prosecution is required to produce definitive evidence in order to gain conviction. Despite such differences, the Hague Tribunal proceedings are building on the Nuremberg precedent. Just as Nuremberg formed a milestone in the fusing of international law with fundamental moral principles, the Hague Tribunal will likely take this process a step further with the establishment of a permanent international criminal court, thereby creating some measure of deterrence for war crimes in the future
Collections
Related items
Showing items related by title, author, creator and subject.
-
The role of international juridical process in international security and civil-military relations
Polydorou, Stavros (Monterey, California. Naval Postgraduate School, 2002-12);This thesis answers the following question: "Does the practice and theory of modern Transnational Juridical Institutions impact upon the development and maintenance of International Security within the complex of the Civil ... -
Post-conflict justice : issues and approaches
Riley, Donald J. (Monterey, California. Naval Postgraduate School, 2003-06);In July 2002, the International Criminal Court (ICC) began operations as the primary international institution for the prosecution of war crimes, crimes against humanity and genocide or international crimes. During the ... -
ESTABLISHING POST-CONFLICT JUSTICE THROUGH U.S. OCCUPATION: MILITARY TRIBUNALS AS A MEANS OF TRANSITIONAL JUSTICE
Bock, Adam R. (Monterey, California. Naval Postgraduate School, 2013-03);This thesis examines post-conflict justice in Iraq following the U.S. invasion, specifically, the legitimacy of the Iraq High Criminal Court and its first deliberation, the Al-Dujail trial of Saddam Hussein. It asks How ...