header-logo header-logo

The individual under international criminal law (Pt 1)

130190
In the first of a two-part series, Simon Parsons charts the development of individual liability for international crimes
  • Prior to 1945, there was little evidence that crimes against peace and crimes against humanity had crystallised as international crimes as part of customary international law.
  • The Nuremberg trials laid the foundations of modern international criminal law based on individual criminal responsibility.

This article explores the lack of individual liability for international crime up until 1945. It is noted that the Nuremberg war crime trials of leading Nazi officials laid the groundwork for personal international criminal liability for a criminal war, and for the international criminal justice process in which those responsible for such a war are held responsible. It is hoped, one day, this same process may be applied against the major war criminal Vladimir Putin and his subordinates.

International criminal law pre-1945

The evidence for individual criminal liability for international crime in this period is limited. However, the conviction of Peter von Hagenbach

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll