| H. Lauterpacht - 1955 - 640 pages
...virtually No. 197 coincided with the finding of the International Military TriContd. bunal that : " The very essence of the Charter is that individuals...obligations of obedience imposed by the individual States, He who violates the laws of war cannot obtain immunity while acting in pursuance of the authority... | |
| E. Lauterpacht - 1968 - 560 pages
...not be considered as freeing them from responsibility, or mitigating punishment.' On the other hand, the very essence of the Charter is that individuals...authorizing action moves outside its competence under internationa law." (Trial of the Major War Criminals (Nuremberg, 1947), vol. 1, p. 223.u1) The principle... | |
| Thomas Scanlon, Richard B. Brandt - 1974 - 196 pages
...principles of criminal liability. In the words of the Tribunal : "It is the very essence of the Charter that individuals have international duties which transcend...obligations of obedience imposed by the individual state. . . . Crimes against international law are committed by men, not by abstract entities, and only by... | |
| Leslie C. Green - 1976 - 406 pages
...existence of the order, but whether moral choice was in fact possible. ... Qlt must be remembered^ that individuals have international duties which transcend...obligations of obedience imposed by the individual State. 27 He who violates the laws of war cannot obtain immunity while acting in pursuance of the authority... | |
| Acadimie de Droit International de La Haye, Hague Academy of International Law - 1979 - 636 pages
...be considered as freeing them from responsibility or mitigating punishment," the Tribunal added 19 "The very essence of the Charter is that individuals...pursuance of the authority of the State if the State in authorising action moves outside its competence under international law." It is true that the Tribunal... | |
| H. F. van Panhuys - 1979 - 416 pages
...a conflict of duties. The pronouncement of the Nuremberg Tribunal is pertinent in this connection: "The very essence of the Charter is that individuals...international duties which transcend the national obligations imposed by the individual state".1 ° ' This means that some obligations under international law take... | |
| Howard L. Parsons - 1979 - 224 pages
...laws of his own country or not. "Individuals", the International Military Tribunal at Nuremberg ruled, "have international duties which transcend the national...obligations of obedience imposed by the individual state". If governments derive their just powers from the people, then the people are ultimately responsible... | |
| Garry Davis - 1984 - 416 pages
...Continental Congress, 1775 "...the very esssence of the charter (Charter of the Tribunal, Nuremberg) is that individuals have international duties which...individual state. He who violates the laws of war can not obtain immunity while acting in pursuance of the authority of the state if the state in authorizing... | |
| Leo Gross - 1984 - 628 pages
...law laid down in the London Charter as interpreted by the International Military Tribunal has been that individuals have international duties which transcend...obligations of obedience imposed by the individual state. This proposition must appear as sheer heresy to the totalitarian States. Thus the war crimes trials... | |
| Ronald Christenson - 1986 - 316 pages
...of law at the international level by enforcing what has come to be known as the Nuremberg Principle: "Individuals have international duties which transcend...action moves outside its competence under international law."63 Conclusion: Revolution and Jurisprudence The lawyer's adage, "Hard cases make bad law," seems... | |
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