2018Unpublished venueRequires access

International Law and War Crimes

William A. Schabas

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Abstract

Abstract If the Kaiser were to be brought to justice, he had to be charged with war crimes in the strict sense. The Commission on Responsibilities is the first forum in which there is an attempt to define international war crimes. Building upon the Hague Conventions adopted before the outbreak of the war, a list of violations of the laws and customs of war is prepared. When the British and the French insist on adding the phrase ‘the laws of humanity’, the Americans object that this is a matter of morality and not law. The Commission also considers whether to establish an international criminal court where such international crimes might be charged.

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Abstract If the Kaiser were to be brought to justice, he had to be charged with war crimes in the strict sense. The Commission on Responsibilities is the first forum in which there is an attempt to define international war crimes. Building upon the Hague Conventions adopted before the outbreak of the war, a list of violations of the laws and customs of war is prepared. When the British and the French insist on adding the phrase ‘the laws of humanity’, the Americans object that this is a matter of morality and not law. The Commission also considers whether to establish an international criminal court where such international crimes might be charged.

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Available abstract

Abstract If the Kaiser were to be brought to justice, he had to be charged with war crimes in the strict sense. The Commission on Responsibilities is the first forum in which there is an attempt to define international war crimes. Building upon the Hague Conventions adopted before the outbreak of the war, a list of violations of the laws and customs of war is prepared. When the British and the French insist on adding the phrase ‘the laws of humanity’, the Americans object that this is a matter of morality and not law. The Commission also considers whether to establish an international criminal court where such international crimes might be charged.

Key concepts: Crimes against humanity, War crime, Law, Political science, Commission, Morality, International law, Law of war

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