Abstract
A lasting legacy of the Nuremberg and Tokyo military tribunals is the
assertion that individuals are subjects of international law and should be
held criminally responsible for perpetrating war crimes and crimes
against humanity. Building upon the Nuremberg legacy, the emergence
and proliferation of modern international(ized) tribunals has ushered in a
new era in international criminal justice, whereby states seek to end
impunity for international crimes through criminal trials. This Article
addresses the legacy of Nuremberg in transitional justice approaches. It
examines the criticisms within the transitional justice field that criminal
justice processes are generally ill-suited to address the social forces that
characterize collective violence and the push away from criminal
prosecutions towards other non-retributive processes. It argues that while
post-conflict peacebuilding requires a more holistic transitional justice
approach, recourse to at least some criminal prosecutions remains an
enduring legacy of Nuremberg, supported by both international actors as
well as victim communities.
assertion that individuals are subjects of international law and should be
held criminally responsible for perpetrating war crimes and crimes
against humanity. Building upon the Nuremberg legacy, the emergence
and proliferation of modern international(ized) tribunals has ushered in a
new era in international criminal justice, whereby states seek to end
impunity for international crimes through criminal trials. This Article
addresses the legacy of Nuremberg in transitional justice approaches. It
examines the criticisms within the transitional justice field that criminal
justice processes are generally ill-suited to address the social forces that
characterize collective violence and the push away from criminal
prosecutions towards other non-retributive processes. It argues that while
post-conflict peacebuilding requires a more holistic transitional justice
approach, recourse to at least some criminal prosecutions remains an
enduring legacy of Nuremberg, supported by both international actors as
well as victim communities.
| Original language | English |
|---|---|
| Pages (from-to) | 559-574 |
| Number of pages | 16 |
| Journal | Washington University Global Studies Law Review |
| Volume | 15 |
| Issue number | 4 |
| Publication status | Published - 2016 |