1981) [hereinafter IMTFE
Judgment]; and Judgment, in 14 TRIALS Of WAR
Roling; amply underlined by some of the best US lawyers in the IMTFE
, such as Ben Bruce Blakeny; became the key message of Minear's Victors' Justice; and was reaffirmed in many collections of articles criticizing the inadequacy of the Tokyo Trials.
Subsequently, in 1963-65, I used the UK set of IMTFE
documents while a post-graduate scholar at Oxford University, where my thesis on the establishment of Japanese puppet governments in China (1935-40) was supervised by the late Professor Richard Storry.
The penalty provisions of the IMT, IMTFE
, ICTY, and ICTR attracted criticism in legal commentaries for not meeting the requirements of nulla poena sine lege.
Importantly, both the IMT and IMTFE
only had jurisdiction over individuals, vice states.
The drafting of the ICC Statute involved analyzing crimes against humanity in the IMT Charter, CC10, the IMTFE
Charter, the 1954 and 1996 Draft Codes, and the ICTY and ICTR Statutes (all of which differed) and "picking and choosing parts that delegates preferred to keep or discard, and also adding heretofore un-enumerated components to the definition.
Another historical comparison concerns the IMTFE
at 77 (describing the IMTFE
tribunal's prosecution of rape).
Examples of some of these problems can be found in the author's discussion of the IMTFE
case against former minister of war and premier Gen.
experience was different, but ought to have proved equally (or perhaps more) informative for the drafting of the ICTY statute.
1589 [hereinafter IMTFE
Charter] (establishing the IMTFE
The body of case law that came out of the World War II tribunals established and developed command responsibility as a form of individual criminal responsibility; however, the operating statutes of the IMT and IMTFE
did not expressly provide for command responsibility.