Implementing the Nuremberg Principles in National Trial with Nazi Criminals: Hesitation versus Enthusiasm towards Meeting the Standards of Complementarity in the Modern International Criminal Law
2016
Abstract
The ICC task is not only to actually carry out hearings in criminal cases before it, but also to contribute to the harmonization of the approaches of individual states to the international criminal law (at least for the states party to the Rome Statute). The comments made in this article are intended to provide historical perspective on some possible loopholes in case a state prefers to use standard and purely domestic legislation for prosecuting large-scale crimes.
Such national approach is not perse inconsistent with the ICC Statute, but in practice may give rise to rather dubious outcomes as we have witnessed throughout the post-ww ii history.