LEGAL BASIS OF THE JURISDICTION OF NURNBERG AND THE HAGUE JUSTICE

Author(s): Mezyaev A.B.

DOI: 10.21777/2587-9472-2020-4-31-38

Release: 2020-4 (26)

Pages: 31-38

Keywords: International Military Tribunal, Nuremberg Trial, United Nations, sovereignty of states, The International Tribunal for the Former Yugoslavia, jurisdiction of international courts, the legality of the creation of the court, legitimacy

Annotation: The creation of the International Military Tribunal (IMT) was a turning point in the development of both international law and the entire system of international relations. The article examines the issues of the legality and legitimacy of the creation of the IMT and their impact on the formation of Nuremberg International justice, that is, international criminal law and the progressive development of public international law in general, from 1945 to the early 1990s. These issues are considered in comparison with the formation of The Hague International Justice, which is presented as the “successor” of Nuremberg. The article shows that claims for succession in the creation of these two types of justice are insufficiently substantiated. If the Nuremberg justice meets all the necessary criteria of legality and legitimacy, The Hague justice raises very intractable questions of its compliance with the norms of current international law. The conclusion is made that despite the active “promotion” of The Hague justice, the international community should develop the potential of the Nuremberg International Justice to a greater extent.

Bibliography: Mezyaev A.B. LEGAL BASIS OF THE JURISDICTION OF NURNBERG AND THE HAGUE JUSTICE // Journal of Legal Sciences. – 2020. – № 4 (26). – С. 31-38. doi: 10.21777/2587-9472-2020-4-31-38