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International Law Enforcement


International Criminal Court



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Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


State parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Organs of the Court

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Jurisdiction and admissibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Admissibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Rights of the accused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Victim participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Reparations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Co-operation by states not party to Rome Statute . . . . . . . . . . . . . . . . . . . . . . .


Amnesties and national reconciliation processes . . . . . . . . . . . . . . . . . . . . . . .

Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Headquarters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Detention centre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Other oces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Trial history to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Situations examined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



United Nations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Nongovernmental organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


1.10 Criticisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


1.10.1 Western Imperialism accusations from Africa . . . . . . . . . . . . . . . . . . . . . . . .


1.10.2 Checks and balances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


1.10.3 Rights of the accused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


1.10.4 Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


1.10.5 Unintentional consequences

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1.10.6 State cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .






1.11 See also . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


1.12 Notes and references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


1.13 Further reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


1.14 External links . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


International court



Criminal and civil matters

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Privileges and immunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



List of international courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



List of hybrid tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Lectures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .




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External links . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Permanent Court of International Justice



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Founding and early years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Increasing work and attempted entry of the United States . . . . . . . . . . . . . . . . . .



Growing international tension and dissolution of the court . . . . . . . . . . . . . . . . . .




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Registrar and Registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Advisories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



See also . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .




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External links . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .




United Nations



History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



1942 Declaration of United Nations by the Allies of World War II . . . . . . . . . . . . .



Founding the UN 1945 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Cold War era . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Post-Cold War . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



General Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Security Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .




Secretariat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



International Court of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Economic and Social Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Specialized agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Group of 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Peacekeeping and security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Human rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Economic development and humanitarian assistance . . . . . . . . . . . . . . . . . . . . .



Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Evaluations, awards, and criticism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



See also . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Citations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


4.10 Further reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


4.11 External links . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Appellate Body






External links . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

International Tribunal for the Law of the Sea




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Current judges

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Former judges

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Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



External links . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Nuremberg trials



Origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Creation of the courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Intelligence tests and psychiatric assessments . . . . . . . . . . . . . . . . . . . . . . . . .



Overview of the trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Executions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Nuremberg principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Subsidiary and related trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .






American role in the trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Legacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Establishment of a permanent International Criminal Court . . . . . . . . . . . . . . . . .


Criticism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Legitimacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Introduction of extempore simultaneous interpretation . . . . . . . . . . . . . . . . . . . . . . . .



See also . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


7.10 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


7.10.1 Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


7.10.2 Citations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


7.10.3 Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


7.11 Further reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


7.12 External links . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


International Military Tribunal for the Far East



Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Creation of the court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Prosecutors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Defendants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Civilian ocials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Military ocers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Other defendants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Tokyo War Crimes Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Evidence and testimony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Defense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Sentencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Other war crimes trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Criticism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Charges of victors justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Pals dissenting opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Exoneration of the imperial family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Aftermath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Release of the remaining 42 Class A suspects . . . . . . . . . . . . . . . . . . . . . . .



San Francisco Peace Treaty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Parole for war criminals movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



Legacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



See also . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


8.10 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


8.10.1 Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .







8.10.2 Books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


8.10.3 Web . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


8.11 Further reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


8.12 External links . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


8.13 Text and image sources, contributors, and licenses . . . . . . . . . . . . . . . . . . . . . . . . . .


8.13.1 Text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


8.13.2 Images . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


8.13.3 Content license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Chapter 1

International Criminal Court

Not to be confused with the International Court of Justice ing the headquarters, detention unit, and public defense
The International Criminal Court (ICC or ICCt)[2] is The Oce of the Prosecutor has opened ten ocial investigations and is also conducting an additional nine
preliminary examinations. Thus far, 39 individuals
have been indicted in the ICC, including Ugandan
rebel leader Joseph Kony, Sudanese president Omar
al-Bashir, Kenyan president Uhuru Kenyatta, Libyan
leader Muammar Gadda, and Ivorian president Laurent

1.1 History
The current premises of the International Criminal Court in the
Hague, Netherlands. The ICC moved into this building in December 2015

The establishment of an international tribunal to judge

political leaders accused of international crimes was rst
proposed during the Paris Peace Conference in 1919 following the First World War by the Commission of Responsibilities. The issue was addressed again at a conference held in Geneva under the auspices of the League of
Nations in 1937, which resulted in the conclusion of the
rst convention stipulating the establishment of a permanent international court to try acts of international terrorism. The convention was signed by 13 states, but none
ratied it and the convention never entered into force.

an intergovernmental organization and international tribunal that sits in The Hague in the Netherlands. The
ICC has the jurisdiction to prosecute individuals for the
international crimes of genocide, crimes against humanity, and war crimes. The ICC is intended to complement
existing national judicial systems and it may therefore
only exercise its jurisdiction when certain conditions are
met, such as when national courts are unwilling or unable
to prosecute criminals or when the United Nations Security Council or individual states refer investigations to
the Court. The ICC began functioning on 1 July 2002, the
date that the Rome Statute entered into force. The Rome
Statute is a multilateral treaty which serves as the ICCs
foundational and governing document. States which become party to the Rome Statute, for example by ratifying
it, become member states of the ICC. Currently, there
are 124 states which are party to the Rome Statute and
therefore members of the ICC.

Following the Second World War, the allied powers established two ad hoc tribunals to prosecute axis power
leaders accused of war crimes. The International Military Tribunal, which sat in Nuremberg, prosecuted German leaders while the International Military Tribunal for
the Far East in Tokyo prosecuted Japanese leaders. In
1948 the United Nations General Assembly rst recognised the need for a permanent international court to
deal with atrocities of the kind prosecuted after the Second World War.[3] At the request of the General Assembly, the International Law Commission (ILC) drafted two
statutes by the early 1950s but these were shelved during
the Cold War, which made the establishment of an international criminal court politically unrealistic.[4]

The ICC has four principal organs: the Presidency, the

Judicial Divisions, the Oce of the Prosecutor, and the
Registry. The President is the most senior judge chosen
by his or her peers in the Judicial Division, which hears
cases before the Court. The Oce of the Prosecutor is
headed by the Prosecutor who investigates crimes and initiates proceedings before the Judicial Division. The Registry is headed by the Registrar and is charged with managing all the administrative functions of the ICC, includ-

Benjamin B. Ferencz, an investigator of Nazi war crimes

after the Second World War, and the Chief Prosecutor
for the United States Army at the Einsatzgruppen Trial,
became a vocal advocate of the establishment of interna1

tional rule of law and of an international criminal court.
In his rst book published in 1975, entitled Dening International Aggression: The Search for World Peace, he
advocated for the establishment of such a court.[5]
In June 1989 Prime Minister of Trinidad and Tobago
A. N. R. Robinson revived the idea of a permanent international criminal court by proposing the creation of
such a court to deal with the illegal drug trade.[4][6] Following Trinidad and Tobagos proposal, the General Assembly tasked the ILC with once again drafting a statute
for a permanent court.[7] While work began on the draft,
the United Nations Security Council established two ad
hoc tribunals in early 1990s. The International Criminal
Tribunal for the former Yugoslavia was created in 1993
in response to large-scale atrocities committed by armed
forces during Yugoslav Wars and the International Criminal Tribunal for Rwanda was created in 1994 following
the Rwandan Genocide. The creation of these tribunals
further highlighted the need for a permanent international
criminal court.[8]


when it found Congolese rebel leader Thomas Lubanga
Dyilo guilty of war crimes related to using child soldiers.[15]
In 2010 the states parties of the Rome Statute held the
rst Review Conference of the Rome Statute of the International Criminal Court in Kampala, Uganda. There
they adopted, two amendments to the Statute. The second
amendment dened the crime of aggression and outlined
the procedure by which the ICC could prosecute individuals. However, the conditions outlined in the amendment
have not yet been met and the ICC can not yet exercise
jurisdiction over crimes of aggression.

1.2 Structure

The ICC is governed by an Assembly of States Parties,

which is made up of the states which are party to the
Rome Statute[16] The Assembly elects ocials of the
Court, approves its budget, and adopts amendments to the
In 1994, the ILC presented its nal draft statute for the InRome Statute. The Court itself, however, is composed of
ternational Criminal Court to the General Assembly and
four organs: the Presidency, the Judicial Divisions, the
recommended that a conference be convened to nego[17]
[9] Oce of the Prosecutor, and the Registry.
tiate a treaty that would serve as the Courts statute.
To consider major substantive issues in the draft statute,
the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal 1.2.1 State parties
Court, which met twice in 1995. After considering the
Committees report, the General Assembly created the As of March 2016, 124 states are parties to the Statute
Preparatory Committee on the Establishment of the ICC of the Court, including all the countries of South Amerof Europe, most of Oceania and roughly
to prepare a consolidated draft text. From 1996 to 1998, ica, nearly all [19]
A further 31 countries[18] have signed
six sessions of the Preparatory Committee were held at
the United Nations headquarters in New York City, dur- but not ratied the Rome Statute. The law of treaties
ing which NGOs provided input and attended meetings obliges these states to refrain from acts which would
under the umbrella organisation of the Coalition for an defeat the object and purpose of the treaty until they
ICC (CICC). In January 1998, the Bureau and coordina- declare[20]they do not intend to become a party to the
Three signatory statesIsrael, Sudan and the
tors of the Preparatory Committee convened for an Inter- treaty.
informed the UN Secretary GenSessional meeting in Zutphen in the Netherlands to techeral
intend to become states parties
nically consolidate and restructure the draft articles into
obligations arising from their
a draft.
former representatives signature of the Statute.[19][21] 41
Finally the General Assembly convened a conference in United Nations member states[18] have neither signed nor
Rome in June 1998, with the aim of nalizing the treaty acceded to the Rome Statute; some of them, including
to serve as the Courts statute. On 17 July 1998, the China and India, are critical of the Court.[22][23] Ukraine,
Rome Statute of the International Criminal Court was a non-ratifying signatory, has accepted the Courts jurisadopted by a vote of 120 to 7, with 21 countries abstain- diction for a period starting in 2013.[24]
ing. The seven countries that voted against the treaty were
China, Iraq, Israel, Libya, Qatar, the United States, and
Yemen.[10] Following 60 ratications, the Rome Statute Assembly of States Parties
entered into force on 1 July 2002 and the International
Criminal Court was formally established.[11][11] The rst The Courts management oversight and legislative body,
bench of 18 judges was elected by the Assembly of States the Assembly of States Parties, consists of one represenParties in February 2003. They were sworn in at the in- tative from each state party.[25] Each state party has one
augural session of the Court on 11 March 2003.[12]
vote and every eort has to be made to reach decisions
If consensus cannot be reached, deciThe Court issued its rst arrest warrants on 8 July by consensus.
and the rst pre-trial hearings were held in sions are made by vote. The Assembly is presided over
The Court issued its rst judgment in 2012 by a president and two vice-presidents, who are elected by
the members to three-year terms.


The Assembly meets in full session once a year in New

York or The Hague, and may also hold special sessions
where circumstances require.[25] Sessions are open to observer states and non-governmental organizations.[26]
The Assembly elects the judges and prosecutors, decides
the Courts budget, adopts important texts (such as the
Rules of Procedure and Evidence), and provides management oversight to the other organs of the Court.[16][25]
Article 46 of the Rome Statute allows the Assembly to
remove from oce a judge or prosecutor who is found
to have committed serious misconduct or a serious breach
of his or her duties or is unable to exercise the functions
required by this Statute.[27]
The states parties cannot interfere with the judicial functions of the Court.[28] Disputes concerning individual
cases are settled by the Judicial Divisions.[28]
In 2010, Kampala, Uganda hosted the Assemblys Rome
Statute Review Conference.[29]
The Assembly meets every year rotating between New
York and The Hague, the Netherlands.


Organs of the Court

Song Sang-Hyun was President of the Court from 2009 to 2015

The Court has four organs: the Presidency, the Judicial respective States for appointment to the highest judicial
Division, the Oce of the Prosecutor, and the Registry. oces.[35]
Main article: Presidency of the International Criminal
The Presidency is responsible for the proper administration of the Court (apart from the Oce of the
Prosecutor).[30] It comprises the President and the First
and Second Vice-Presidentsthree judges of the Court
who are elected to the Presidency by their fellow judges
for a maximum of two three-year terms.[31] The current
(and rst female) president is Silvia Fernndez de Gurmendi, who was elected on 11 March 2015.[32][33]

The Prosecutor or any person being investigated or prosecuted may request the disqualication of a judge from
any case in which his or her impartiality might reasonably be doubted on any ground.[36] Any request for the
disqualication of a judge from a particular case is decided by an absolute majority of the other judges.[36] A
judge may be removed from oce if he or she is found
to have committed serious misconduct or a serious breach
of his or her duties or is unable to exercise his or her
functions.[27] The removal of a judge requires both a twothirds majority of the other judges and a two-thirds majority of the states parties.[27]

Judicial Divisions

Oce of the Prosecutor

Main article: Judges of the International Criminal Court

Main article: Prosecutor of the International Criminal

The Oce of the Prosecutor is responsible for conducting investigations and prosecutions.[37] It is headed by
the Chief Prosecutor, who is assisted by one or more
Deputy Prosecutors.[17] The Rome Statute provides that
the Oce of the Prosecutor shall act independently;[38]
as such, no member of the Oce may seek or act on
instructions from any external source, such as states,
international organisations, non-governmental organisations or individuals.[37]

The Judicial Divisions consist of the 18 judges of the

Court, organized into three chambersthe Pre-Trial
Chamber, Trial Chamber and Appeals Chamberwhich
carry out the judicial functions of the Court.[34] Judges
are elected to the Court by the Assembly of States
Parties.[34] They serve nine-year terms and are not generally eligible for re-election.[34] All judges must be nationals of states parties to the Rome Statute, and no two
judges may be nationals of the same state.[35] They must
be persons of high moral character, impartiality and in- The Prosecutor may open an investigation under three
tegrity who possess the qualications required in their circumstances:[37]


matters, defence counsel, detention unit, and the traditional services provided by administrations in international organisations, such as nance, translation, building
management, procurement and personnel.[43] The Registry is headed by the Registrar, who is elected by the
judges to a ve-year term.[17] The current Registrar is
Herman von Hebel, who was elected on 8 March 2013.[44]

1.3 Jurisdiction and admissibility

ICC prosecutors Fatou Bensouda and Luis Moreno Ocampo, with
Estonias Minister of Foreign Aairs, Urmas Paet, in 2012

The Rome Statute requires that several criteria exist in

a particular case before an individual can be prosecuted
by the Court. The Statute contains three jurisdictional
when a situation is referred to him or her by a state requirements and three admissibility requirements. All
criteria must be met for a case to proceed.
when a situation is referred to him or her by the
United Nations Security Council, acting to address
a threat to international peace and security; or


There are three jurisdictional requirements in the Rome

Statute that must be met before a case may begin against
an individual. The requirements are (1) subject-matter
jurisdiction (what acts constitute crimes), (2) territorial or
personal jurisdiction (where the crimes were committed
or who committed them), and (3) temporal jurisdiction
Any person being investigated or prosecuted may re- (when the crimes were committed).
quest the disqualication of a prosecutor from any case
in which their impartiality might reasonably be doubted
on any ground.[38] Requests for the disqualication of Subject-matter jurisdiction
prosecutors are decided by the Appeals Chamber.[38] A
prosecutor may be removed from oce by an absolute The Courts subject-matter jurisdiction means the crimes
majority of the states parties if he or she is found to for which individuals can be prosecuted. Individuals can
have committed serious misconduct or a serious breach only be prosecuted for crimes that are listed in the Statute.
of his or her duties or is unable to exercise his or her The primary crimes are listed in article 5 of the Statute
functions.[27] However, critics of the Court argue that and dened in later articles: genocide (dened in artithere are insucient checks and balances on the au- cle 6), crimes against humanity (dened in article 7), war
thority of the ICC prosecutor and judges and insu- crimes (dened in article 8), and crimes of aggression
cient protection against politicized prosecutions or other (dened in article 8 bis) (which is not yet within the juabuses.[39] Henry Kissinger says the checks and balances risdiction of the Court; see below).[45] In addition, article
are so weak that the prosecutor has virtually unlimited 70 denes oences against the administration of justice,
discretion in practice.[40] Some eorts have been made which are also crimes for which individuals can be prosto hold Kissinger himself responsible for perceived in- ecuted.
justices of American foreign policy during his tenure in
As of 16 June 2012, the Prosecutor has been Fatou Ben- Genocide Article 6 denes the crime of genocide as
or in part,
souda of Gambia who had been elected as the new Prose- acts committed with intent to destroy, in whole [46]
cutor on 12 December 2011. She has been elected for
nine years. Her predecessor, Luis Moreno Ocampo of
Argentina, had been in oce from 2003 to 2012.
when the Pre-Trial Chamber authorises him or her
to open an investigation on the basis of information
received from other sources, such as individuals or
non-governmental organisations.

The Registry is responsible for the non-judicial aspects
of the administration and servicing of the Court.[43] This
includes, among other things, the administration of legal aid matters, court management, victims and witnesses

1. Killing members of a group

2. Causing serious bodily or mental harm to members
of the group
3. Deliberately inicting on the group conditions of life
calculated to bring about its physical destruction


4. Imposing measures intended to prevent births within
the group
5. Forcibly transferring children of the group to another group
The denition of these crimes is identical to those contained within the Convention on the Prevention and Punishment of the Crime of Genocide of 1948.

1. Willful killing
2. Torture
3. Inhumane treatment
4. Biological experiments
5. Willfully causing great suering
6. Destruction and appropriation of property

Crimes against humanity Article 7 denes crimes

against humanity as acts committed as part of a
widespread or systematic attack directed against any civilian population, with knowledge of the attack.[48] The article lists 16 such as individual crimes:[49]

7. Compelling service in hostile forces

8. Denying a fair trial
9. Unlawful deportation and transfer
10. Unlawful connement

1. Murder
2. Extermination

11. Taking hostages

There are seven crimes which constitute serious violations of article 3 common to the Geneva Conventions
Deportation or forcible transfer of population
and which are applicable only to non-international armed
Imprisonment or other severe deprivation of physi- conicts:
cal liberty
1. Murder
2. Mutilation

3. Enslavement

8. Sexual slavery

3. Cruel treatment

9. Enforced prostitution

4. Torture

10. Forced pregnancy

5. Outrages upon personal dignity

11. Enforced sterilization

6. Taking hostages

12. Sexual violence

7. Sentencing or execution without due process

13. Persecution
14. Enforced disappearance of persons
15. Apartheid
16. Other inhumane acts
War crimes Article 8 denes war crimes depending on whether an armed conict is either international
(which generally means it is fought between states) or
non-international (which generally means that it is fought
between non-state actors, such as rebel groups, or between a state and such non-state actors). In total there
are 74 war crimes listed in article 8.[49] The most serious crimes, however, are those that constitute either grave
breaches of the Geneva Conventions of 1949, which only
apply to international conicts,[49] and serious violations
of article 3 common to the Geneva Conventions of 1949,
which apply to non-international conicts.[50]

Additionally, there are 56 other crimes which dened by

article 8: 35 that apply to international armed conicts
and 21 that apply to non-international armed conicts.[49]
Such crimes include attacking civilians or civilian objects, attacking peacekeepers, causing excessive incidental death or damage, transferring populations into occupied territories, treacherously killing or wounding, denying quarter, pillaging, employing poison, using expanding
bullets, rape and other forms of sexual violence, and conscripting or using child soldiers.[51]

Crimes of aggression Article 8 bis denes crimes of

aggression, however the Court is not yet able to prosecute individuals for these crimes. The Statute originally
provided that the Court could not exercise its jurisdiction
over the crime of aggression until such time as the states
parties agreed on a denition of the crime and set out
the conditions under which it could be prosecuted.[3][52]
There are 11 crimes which constitute grave breaches of Such an amendment was adopted at the rst review conthe Geneva Conventions and which are applicable only to ference of the ICC in Kampala, Uganda, in June 2010.
international armed conicts:[49]
However, this amendment specied that the ICC would


not be allowed to exercise jurisdiction of the crime of aggression until two further conditions had been satised:
(1) the amendment has entered into force for 30 states
parties and (2) on or after 1 January 2017, the Assembly
of States Parties has voted in favor of allowing the Court
to exercise jurisdiction.
The Statute, as amended, denes the crime of aggression
as the planning, preparation, initiation or execution, by
a person in a position eectively to exercise control over
or to direct the political or military action of a State, of
an act of aggression which, by its character, gravity and
scale, constitutes a manifest violation of the Charter of
the United Nations.[53] The Statute denes an act of aggression as the use of armed force by a State against the
sovereignty, territorial integrity or political independence
of another State, or in any other manner inconsistent with
the Charter of the United Nations.[54] The article also
contains a list of seven acts of aggression, which are identical to those in United Nations General Assembly Resolution 3314 of 1974 and include the following acts when
committed by one state against another state:[55]
1. Invasion or attack by armed forces against territory
2. Military occupation of territory
3. Annexation of territory
4. Bombardment against territory
5. Use of any weapons against territory
6. Blockade of ports or coasts

Therefore, an individual can only be prosecuted if he or

she has either (1) committed a crime within the territorial
jurisdiction of the Court or (2) committed a crime while a
national of a state that is within the territorial jurisdiction
of the Court.

Territorial jurisdiction The territorial jurisdiction of

the Court includes the territory, registered vessels, and
registered aircraft of states which have either (1) become
party to the Rome Statute or (2) accepted the Courts jurisdiction by ling a declaration with the Court.[57]
In situations that are referred to the Court by the United
Nations Security Council, the territorial jurisdiction is
dened by the Security Council, which may be more expansive than the Courts normal territorial jurisdiction.[58]
For example, if the Security Council refers a situation
that took place in the territory of a state that has both
not become party to the Rome Statute and not lodged a
declaration with the Court, the Court will still be able to
prosecute crimes that occurred within that state.

Personal jurisdiction The personal jurisdiction of the

Court extends to all natural persons who commit crimes,
regardless of where they are located or where the crimes
were committed, as long as those individuals are nationals
of either (1) states that are party to the Rome Statute or
(2) states that have accepted the Courts jurisdiction by
ling a declaration with the Court.[57] As with territorial
jurisdiction, the personal jurisdiction can be expanded by
the Security Council if it refers a situation to the Court.[58]

7. Attack on the land, sea, or air forces or marine and

air eets
Temporal jurisdiction
8. The use of armed forces which are within the territory of another state by agreement, but in contra- Temporal jurisdiction is the time period over which
the Court can exercise its powers. No statute of limvention of the conditions of the agreement
itations applies to any of the crimes dened in the
9. Allowing territory to be used by another state to per- Statute.[59] However, the Courts jurisdiction is not completely retroactive. Individuals can only be prosecuted for
petrate an act of aggression against a third state
crimes that took place on or after 1 July 2002, which is the
10. Sending armed bands, groups, irregulars, or date that the Rome Statute entered into force.[60] Howmercenaries to carry out acts of armed force
ever, if a state became party to the Statute, and therefore
a member of the Court, after 1 July 2002, then the Court
cannot exercise jurisdiction prior to that date for certain
Oences against the administration of justice Articases.[61] For example, if the Statute entered into force
cle 70 criminalizes certain intentional acts which interfere
for a state on 1 January 2003, the Court could only exerwith investigations and proceedings before the Court, incise temporal jurisdiction over crimes that took place in
cluding giving false testimony, presenting false evidence,
that state or were committed by a national of that state on
corruptly inuencing a witness or ocial of the Court,
or after 1 January 2003.
retaliating against an ocial of the Court, and soliciting
or accepting bribes as an ocial of the Court.

1.3.2 Admissibility
Territorial or personal jurisdiction
To initiate an investigation, the Prosecutor must (1) have
For an individual to be prosecuted by the Court either a reasonable basis to believe that a crime within the juterritorial jurisdiction or personal jurisdiction must exist. risdiction of the Court has been or is being committed,


(2) the investigation would be consistent with the princi- not generally prohibited, but it has been argued the court
ple of complementarity, and (3) the investigation serves is guided by hearsay exceptions which are prominent in
the interests of justice.[62]
common law systems.[71] There is no subpoena or other
means to compel witnesses to come before the court, although the court has some power to compel testimony of
those who chose to come before it, such as nes.[72]
The principle of complementarity means that the Court
will only prosecute an individual if states are unwilling or
unable to prosecute. Therefore, if legitimate national investigations or proceedings into crimes have taken place
or are ongoing, the Court will not initiate proceedings.
This principle applies regardless of the outcome of national proceedings.[63] Even if an investigation is closed
without any criminal charges being led or if an accused
person is acquitted by a national court, the Court will
not prosecute an individual for the crime in question so
long as it is satised that the national proceedings were

1.4.2 Rights of the accused

The Rome Statute provides that all persons are presumed
innocent until proven guilty beyond reasonable doubt,[73]
and establishes certain rights of the accused and persons during investigations.[74] These include the right to
be fully informed of the charges against him or her; the
right to have a lawyer appointed, free of charge; the right
to a speedy trial; and the right to examine the witnesses
against him or her.

To ensure equality of arms between defence and prosecution teams, the ICC has established an indepenGravity
dent Oce of Public Counsel for the Defence (OPCD)
to provide logistical support, advice and information
The Court will only initiate proceedings if a crime is to defendants and their counsel.[75][76] The OPCD also
of sucient gravity to justify further action by the helps to safeguard the rights of the accused during the
initial stages of an investigation.[77] However, Thomas
Lubangas defence team say they were given a smaller
budget than the Prosecutor and that evidence and witness
Interests of justice
statements were slow to arrive.[78]
The Prosecutor will initiate an investigation unless there
are substantial reasons to believe that an investigation
would not serve the interests of justice when "[t]aking
into account the gravity of the crime and the interests
of victims.[65] Furthermore, even if an investigation has
been initiated and there are substantial facts to warrant a
prosecution and no other admissibility issues, the Prosecutor must determine whether a prosecution would serve
the interests of justice taking into account all the circumstances, including the gravity of the crime, the interests
of victims and the age or inrmity of the alleged perpetrator, and his or her role in the alleged crime.[66]

1.4 Procedure

1.4.3 Victim participation

One of the great innovations of the Statute of the International Criminal Court and its Rules of Procedure and
Evidence is the series of rights granted to victims.[79][80]
For the rst time in the history of international criminal
justice, victims have the possibility under the Statute to
present their views and observations before the Court.
Participation before the Court may occur at various stages
of proceedings and may take dierent forms, although it
will be up to the judges to give directions as to the timing
and manner of participation.

Participation in the Courts proceedings will in most cases

take place through a legal representative and will be conducted in a manner which is not prejudicial or inconsis1.4.1 Trial
tent with the rights of the accused and a fair and impartial
Trials are conducted under a hybrid common law and civil trial.
law judicial system, but it has been argued the procedural The victim-based provisions within the Rome Statute
orientation and character of the court is still evolving.[67] provide victims with the opportunity to have their voices
A majority of the three judges present, as triers of fact, heard and to obtain, where appropriate, some form of
may reach a decision, which must include a full and rea- reparation for their suering. It is the aim of this atsoned statement.[68] Trials are supposed to be public, but tempted balance between retributive and restorative jusproceedings are often closed, and such exceptions to a tice that, it is hoped, will enable the ICC to not only bring
public trial have not been enumerated in detail.[69] In criminals to justice but also help the victims themselves
camera proceedings are allowed for protection of wit- obtain some form of justice. Justice for victims before
nesses or defendants as well as for condential or sen- the ICC comprises both procedural and substantive jussitive evidence.[70] Hearsay and other indirect evidence is tice, by allowing them to participate and present their


views and interests, so that they can help to shape truth, not to block actions of ICC in response to serious violajustice and reparations outcomes of the Court.[81]
tions of those Conventions.[91] In relation to co-operation
evidence gathering, it is implied from
Article 43(6) establishes a Victims and Witnesses Unit in investigation and
that the consent of a non-party state
to provide protective measures and security arrangeis
Prosecutor to conduct an invesments, counseling and other appropriate assistance for
and it seems that it is even
witnesses, victims who appear before the Court, and othmore
any reasonable condiers who are at risk on account of testimony given by
restrictions exist for
such witnesses.
Article 68 sets out procedures for
states party to the Statute.[91] Taking into account the exthe Protection of the victims and witnesses and their
participation in the proceedings.[83] The Court has also perience of the ICTY (which worked with the principle
of the primacy, instead of complementarity) in relation
established an Oce of Public Counsel for Victims, to
provide support and assistance to victims and their legal to co-operation, some scholars have expressed their pessimism as to the possibility of ICC to obtain co-operation
of non-party states.[91] As for the actions that ICC can
The ICC does not have its own witness protection pro- take towards non-party states that do not co-operate, the
gram, but rather must rely on national programs to keep Rome Statute stipulates that the Court may inform the
witnesses safe.[85]
Assembly of States Parties or Security Council, when the
matter was referred by it, when non-party state refuses to
co-operate after it has entered into an ad hoc arrangement
1.4.4 Reparations
or an agreement with the Court.[96]
Victims before the International Criminal Court can
also claim reparations under Article 75 of the Rome
Statute. Reparations can only be claimed when a defendant is convicted and at the discretion of the Courts
judges.[86] So far the Court has ordered reparations
against Thomas Lubanga.[87] Reparations can include
compensation, restitution and rehabilitation, but other
forms of reparations may be appropriate for individual,
collective or community victims. Article 79 of the Rome
Statute establishes a Trust Fund to provide assistance before a reparation order to victims in a situation or to support reparations to victims and their families if the convicted person has no money.[88]


Co-operation by states not party to

Rome Statute

One of the principles of international law is that a treaty

does not create either obligations or rights for third states
without their consent (pacta tertiis nec nocent nec prosunt), and this is also enshrined in the 1969 Vienna Convention on the Law of Treaties.[89] The co-operation of
the non-party states with the ICC is envisioned by the
Rome Statute of the International Criminal Court to be
of voluntary nature.[90] However, even states that have
not acceded to the Rome Statute might still be subjects to an obligation to co-operate with ICC in certain cases.[91] When a case is referred to the ICC by the
UN Security Council all UN member states are obliged
to co-operate, since its decisions are binding for all of
them.[92] Also, there is an obligation to respect and ensure
respect for international humanitarian law, which stems
from the Geneva Conventions and Additional Protocol
I,[93] which reects the absolute nature of IHL.[94] Although the wording of the Conventions might not be precise as to what steps have to be taken, it has been argued
that it at least requires non-party states to make an eort

1.4.6 Amnesties and national reconciliation processes

It is unclear to what extent the ICC is compatible with reconciliation processes that grant amnesty to human rights
abusers as part of agreements to end conict.[97] Article 16 of the Rome Statute allows the Security Council to prevent the Court from investigating or prosecuting a case,[98] and Article 53 allows the Prosecutor the
discretion not to initiate an investigation if he or she believes that an investigation would not serve the interests
of justice.[99] Former ICC president Philippe Kirsch has
said that some limited amnesties may be compatible
with a countrys obligations genuinely to investigate or
prosecute under the Statute.[97]
It is sometimes argued that amnesties are necessary to allow the peaceful transfer of power from abusive regimes.
By denying states the right to oer amnesty to human
rights abusers, the International Criminal Court may
make it more dicult to negotiate an end to conict and
a transition to democracy. For example, the outstanding arrest warrants for four leaders of the Lords Resistance Army are regarded by some as an obstacle to ending the insurgency in Uganda.[100][101] Czech politician
Marek Benda argues that the ICC as a deterrent will in
our view only mean the worst dictators will try to retain
power at all costs.[102] However, the United Nations[103]
and the International Committee of the Red Cross[104]
maintain that granting amnesty to those accused of war
crimes and other serious crimes is a violation of international law.

1.5 Facilities




The ocial seat of the Court is in The Hague,

Netherlands, but its proceedings may take place
The Court moved into its rst permanent premises in
The Hague, located at Oude Waalsdorperweg 10, on December 14, 2015.[107] Part of The Hagues International
Zone,[108] which also contains the Peace Palace, Europol,
ICTY, OPCW and The Hague World Forum, the court
facilities are situated on the site of the Alexanderkazerne,
a former military barracks, adjacent to the dune landscape on the northern edge of the city. The ICCs deThe former (provisional) headquarters of the ICC in The Hague,
tention centre is a short distance away.
in use until December 2015


1.5.2 Detention centre

Main article: People detained by the International

The land and nancing for the new construction were pro- Criminal Court Detention centre
vided by the Netherlands,.[109] In addition, the host state
organised and nanced the architectural design competi- The ICCs detention centre accommodates both those
tion which started at the end of 2008.
convicted by the court and serving sentences as well as
those suspects detained pending the outcome of their
trial. It comprises twelve cells on the premises of the
Scheveningen branch of the Haaglanden Penal Institution, The Hague, close to the ICCs new headquarters in the Alexanderkazerne.[115][116] Suspects held by
the International Criminal Tribunal for the former Yugoslavia are held in the same prison and share some faDemolition of the barracks started in November 2011
cilities, like the tness room, but have no contact with
and was completed in August 2012.
In October 2012
suspects held by the ICC.[115]
the tendering procedure for the General Contractor was
completed and the combination Visser & Smit Bouw and
Boele & van Eesteren (Courtys) was selected.[112]
1.5.3 Other oces
Three architects were chosen by an international jury
from a total of 171 applicants to enter into further negotiations. The Danish rm schmidt hammer lassen were
ultimately selected to design the new premises since its
design met all the ICC criteria, such as design quality,
sustainability, functionality and costs.[110]


The ICC maintains a liaison oce in New York[117] and

eld oces in places where it conducts its activities.[118]
As of 18 October 2007, the Court had eld oces in
Kampala, Kinshasa, Bunia, Abch and Bangui.[118]

The building has a compact footprint and consists of six

connected building volumes with a garden motif. The
tallest volume with a green facade, placed in the middle
of the design, is the Court Tower that accommodates 3
courtrooms. The rest of the buildings volumes accommodate the oces of the dierent organs of the ICC.[113]

1.6 Finance

Provisional headquarters, 20022015

Until late 2015, the ICC was housed in interim premises
in The Hague provided by the host state of the
Netherlands.[114] Formerly belonging to KPN, the provisional headquarters were located at Maanweg 174 in the
east-central portion of the city. The building continues to
Contributions to the ICCs budget, 2008
serve as the seat of Eurojust.

The ICC is nanced by contributions from the states parties. The amount payable by each state party is determined using the same method as the United Nations:[119]
each states contribution is based on the countrys capacity to pay, which reects factors such as a national income
and population. The maximum amount a single country
can pay in any year is limited to 22% of the Courts budget; Japan paid this amount in 2008.
The Court spent 80.5 million in 2007,[120] and the
Assembly of States Parties has approved a budget
of 90,382,100 for 2008[119] and 101,229,900 for
2009.[121] As of September 2008, the ICCs sta consisted of 571 persons from 83 states.[122]

1.7 Trial history to date


imprisonment, respectively, whereas Mr Chui was acquitted.
The Bemba trial in the Central African Republic situation
is concluded. Mr Bemba was convicted on two counts of
crimes against humanity and three counts of war crimes.
This marked the rst time the ICC convicted someone of
sexual violence as they added rape to his conviction.[127]
Trials in the Ntaganda case (DR Congo), the Bemba et
al. OAJ case and the Laurent Gbagbo-Bl Goud trial in
the Cte d'Ivoire situation are ongoing. The Banda trial
in the situation of Darfur, Sudan, was scheduled to begin
in 2014 but the start date was vacated. Charges against
Dominic Ongwen in the Uganda situation and Ahmed alFaqi in the Mali situation have been conrmed; both are
awaiting their trials.

1.8 Situations examined

Main article: International Criminal Court investigations
The Court has received complaints about alleged crimes

The ICC issued an arrest warrant for Omar al-Bashir of Sudan

over alleged war crimes in Darfur.[123]

To date, the Prosecutor opened investigations into ten situations: the Democratic Republic of the Congo; Uganda;
Central African Republic I and II; Darfur, Sudan; Kenya;
Libya; Cte d'Ivoire; Mali; and Georgia.[124] Additionally, the Oce of the Prosecutor is conducting preliminary examinations in eight matters in Afghanistan, Burundi, Colombia, Guinea, Iraq, Nigeria, Palestine and
The Courts Pre-Trial Chambers have publicly indicted
39 people. The ICC has issued arrest warrants for 31
individuals and summonses to eight others. Seven persons are in detention. Proceedings against 25 are ongoing: nine are at large as fugitives, four are under arrest but
not in the Courts custody, two are in the pre-trial phase,
seven are at trial, and one has been convicted and is awaiting sentencing. Proceedings against 14 have been completed: two have been convicted, one has been acquitted,
four have had the charges against them dismissed, two
have had the charges against them withdrawn, two has
had his case declared inadmissible, and three have died
before trial.

ICC investigations
Green: Ocial investigations (Uganda, Democratic Republic of
Congo, Central African Republic (2), Darfur (Sudan), Kenya,
Libya, Cte d'Ivoire, Mali, Georgia)
Orange: Authorization to open investigation requested (none at
Light red: Ongoing preliminary examinations (Afghanistan, Burundi, Colombia, Comoros, Guinea, Iraq, Nigeria, Ukraine,
Dark red: Closed preliminary examinations (Honduras, Korea,

in at least 139 countries, but, currently, the Prosecutor

of the Court opened investigations into ten situations:
the Democratic Republic of the Congo; Uganda; Central
African Republic I and II; Darfur, Sudan; Kenya; Libya;
Cte d'Ivoire; Mali; and Georgia.[128] Additionally, the
Oce of the Prosecutor is conducting preliminary examinations in eight matters in Afghanistan, Burundi, Colombia, Guinea, Iraq, Nigeria, Palestine and Ukraine.[129][130]

Ocial investigation
Authorization to open investigation requested
The Lubanga and Katanga-Chui trials in the situation Preliminary examination ongoing
of the DR Congo are concluded. Mr Lubanga and Mr Preliminary examination closed
Katanga were convicted and sentenced to 14 and 12 years Notes



[1] A situation is listed here if an investigation was begun by

the Prosecutor.
[2] Indicted but has not yet appeared before the Court.
[3] Indicted and has had at least rst appearance; trial has not
yet begun.
[4] Trial has begun but has not yet been completed.
[5] Trial has been completed and verdict delivered but appeal
is pending.
[6] Indicted but died before the trial and/or appeal (where applicable) was concluded.

The UN Security Council referred the situation in Darfur to the

ICC in 2005

[7] Indicted but case was held inadmissible.

[8] Indicted but either charges not conrmed or withdrawn
or proceedings terminated or acquitted. If charges were
not conrmed or withdrawn or if proceedings were terminated, the Prosecutor may again prosecute with fresh
[9] Pre-Trial Chamber currently in charge
[10] Trial Chambers currently in charge; once proceedings
have moved to the Appeals Chamber, the Trial Chamber
designation will be removed here.

[1] A situation is listed here if the Prosecutor of the Court has
opened an investigation.
[2] Obviously, only persons who are publicly indicted are
listed. The Court can issue an indictment under seal.
[3] If not otherwise noted, the indicted is wanted by warrant
of arrest.
[4] The International Criminal Court does currently not have
jurisdiction regarding the crime of aggression. An
amendment to the Rome Statute to expand the ICCs jurisdiction towards that crime is currently in the process
of ratication. Under no circumstances will the Court
be able to actually exercise jurisdiction before 1 January
[5] If there was a warrant of arrest, the dates of transfer to the
International Criminal Court (in italics) and of the initial
appearance are given. In case of a summons to appear,
only the date of the initial appearance is given.
[6] According to Article 61 (8) of the Rome Statute, where
the Pre-Trial Chamber declines to conrm a charge, the
Prosecutor shall not be precluded from subsequently requesting its conrmation if the request is supported by additional evidence.

1.9 Relationships

1.9.1 United Nations

Unlike the International Court of Justice, the ICC is
legally independent from the United Nations. However,
the Rome Statute grants certain powers to the United Nations Security Council, which limits its functional independence. Article 13 allows the Security Council to refer
to the Court situations that would not otherwise fall under the Courts jurisdiction (as it did in relation to the
situations in Darfur and Libya, which the Court could not
otherwise have prosecuted as neither Sudan nor Libya are
state parties). Article 16 allows the Security Council to
require the Court to defer from investigating a case for a
period of 12 months.[98] Such a deferral may be renewed
indenitely by the Security Council. This sort of an arrangement gives the ICC some of the advantages inhering
in the organs of the United Nations such as using the enforcement powers of the Security Council but it also creates a risk of being tainted with the political controversies
of the Security Council.[190]
The Court cooperates with the UN in many dierent areas, including the exchange of information and logistical
support.[191] The Court reports to the UN each year on its
activities,[191][192] and some meetings of the Assembly of
States Parties are held at UN facilities. The relationship
between the Court and the UN is governed by a Relationship Agreement between the International Criminal
Court and the United Nations.[193][194]

1.9.2 Nongovernmental organizations

During the 1970s and 1980s, international human rights
and humanitarian Nongovernmental Organizations (or
NGOs) began to proliferate at exponential rates. Concurrently, the quest to nd a way to punish international
crimes shifted from being the exclusive responsibility of
legal experts to being shared with international human
rights activism.
NGOs helped birth the ICC through advocacy and championing for the prosecution of perpetrators of crimes
against humanity. NGOs closely monitor the organiza-

tions declarations and actions, ensuring that the work that
is being executed on behalf of the ICC is fullling its objectives and responsibilities to civil society.[195] According to Benjamin Schi, From the Statute Conference onward, the relationship between the ICC and the NGOs has
probably been closer, more consistent, and more vital to
the Court than have analogous relations between NGOs
and any other international organization.
There are a number of NGOs working on a variety of
issues related to the ICC. The NGO Coalition for the International Criminal Court has served as a sort of umbrella for NGOs to coordinate with each other on similar
objectives related to the ICC. The CICC has 2,500 member organizations in 150 dierent countries.[196] The original steering committee included representatives from
the World Federalist Movement, the International Commission of Jurists, Amnesty International, the Lawyers
Committee for Human Rights, Human Rights Watch,
Parliamentarians for Global Action, and No Peace Without Justice.[195] Today, many of the NGOs with which
the ICC cooperates are members of the CICC. These
organizations come from a range of backgrounds, spanning from major international NGOs such as Human
Rights Watch and Amnesty International, to smaller,
more local organizations focused on peace and justice
missions.[195] Many work closely with states, such as the
International Criminal Law Network, founded and predominantly funded by the Hague municipality and the
Dutch Ministries of Defense and Foreign Aairs. The
CICC also claims organizations that are themselves federations, such as the International Federation of Human
Rights Leagues (FIDH).
CICC members ascribe to three principles that permit
them to work under the umbrella of the CICC, so long
as their objectives match them:
Promoting worldwide ratication and implementation of the Rome Statute of the ICC
Maintaining the integrity of the Rome Statute of the
ICC, and
Ensuring the ICC will be as fair, eective and independent as possible[196]
The NGOs that work under the CICC do not normally
pursue agendas exclusive to the work of the Court, rather
they may work for broader causes, such as general human rights issues, victims rights, gender rights, rule of
law, conict mediation, and peace.[195] The CICC coordinates their eorts to improve the eciency of NGOs
contributions to the Court and to pool their inuence on
major common issues. From the ICC side, it has been
useful to have the CICC channel NGO contacts with the
Court so that its ocials do not have to interact individually with thousands of separate organizations.


that urged states to seriously consider the Courts formation. Their legal experts helped shape the Statute, while
their lobbying eorts built support for it. They advocate
Statute ratication globally and work at expert and political levels within member states for passage of necessary domestic legislation. NGOs are greatly represented
at meetings for the Assembly of States Parties and they
use the ASP meetings to press for decisions promoting
their priorities.[195] Many of these NGOs have reasonable access to important ocials at the ICC because of
their involvement during the Statute process. They are
engaged in monitoring, commenting upon, and assisting
in the ICCs activities.
The ICC many time depends on NGOs to interact with
local populations. The Registry Public Information Ofce personnel and Victims Participation and Reparations
Section ocials hold seminars for local leaders, professionals and the media to spread the word about the
Court.[195] These are the kinds of events that are often
hosted or organized by local NGOs. Because there can
be challenges with determining which of these NGOs are
legitimate, CICC regional representatives often have the
ability to help screen and identify trustworthy organizations.
However, NGOs are also sources of criticism, exhortation and pressure upon the ICC.[195] The ICC heavily depends on NGOs for its operations. Although NGOs and
states cannot directly impact the judicial nucleus of the
organization, they can impart information on crimes, can
help locate victims and witnesses, and can promote and
organize victim participation. NGOs outwardly comment
on the Courts operations, push for expansion of its activities especially in the new justice areas of outreach in conict areas, in victims participation and reparations, and
in upholding due-process standards and defense 'equality
of arms and so implicitly set an agenda for the future evolution of the ICC.[195] The relatively uninterrupted progression of NGO involvement with the ICC may mean
that NGOs have become repositories of more institutional historical knowledge about the ICC than have national representatives to it and have greater expertise than
some of the organizations employees themselves. While
NGOs look to mold the ICC to satisfy the interests and
priorities that they have worked for since the early 1990s,
they unavoidably press against the limits imposed upon
the ICC by the states that are members of the organization. NGOs can pursue their own mandates, irrespective of whether they are compatible with those of other
NGOs, while the ICC must respond to the complexities of
its own mandate as well as those of the states and NGOs.

Another issue has been that NGOs possess exaggerated

senses of their ownership over the organization and, having been vital to and successful in promoting the Court,
were not managing to redene their roles to permit the
Court its necessary independence.[195] Additionally, beNGOs have been crucial to the evolution of the ICC, cause there does exist such a gap between the large human
as they assisted in the creation of the normative climate rights organizations and the smaller peace-oriented orga-

nizations, it is dicult for ICC ocials to manage and
gratify all of their NGOs. ICC ocials recognize that
the NGOs pursue their own agendas, and that they will
seek to pressure the ICC in the direction of their own
priorities rather than necessarily understanding or being
fully sympathetic to the myriad constraints and pressures
under which the Court operates.[195] Both the ICC and
the NGO community avoid criticizing each other publicly
or vehemently, although NGOs have released advisory
and cautionary messages regarding the ICC. They avoid
taking stances that could potentially give the Courts adversaries, particularly the US, more motive to berate the

2016, all nine situations which the ICC had been investigating were in African countries.[200][201]
The prosecution of Kenyan Deputy President William
Ruto and President Uhuru Kenyatta (both charged before
coming into oce) led to the Kenyan parliament passing
a motion calling for Kenyas withdrawal from the ICC,
and the country has called on the other 34 African states
party to the ICC to withdraw their support, an issue which
was discussed at a special African Union (AU) summit in
October 2013.

Though the ICC has denied the charge of disproportionately targeting African leaders, and claims to stand
up for victims wherever they may be, Kenya was not
alone in criticising the ICC. Sudanese President Omar
al-Bashir visited Kenya, South Africa, China, Nigeria,
1.10 Criticisms
Saudi Arabia, United Arab Emirates, Egypt, Ethiopia,
Qatar and several other countries despite an outstand1.10.1 Western Imperialism accusations ing ICC warrant for his arrest but was not arrested; he
said that the charges against him are exaggerated and
from Africa
that the ICC was a part of a western plot against him.
Ivory Coasts government opted not to transfer former
rst lady Simone Gbagbo to the court but to instead
try her at home. Rwandas ambassador to the African
Union, Joseph Nsengimana, argued that It is not only
the case of Kenya. We have seen international justice become more and more a political matter. Ugandan President Yoweri Museveni accused the ICC of mishandling complex African issues. Ethiopian Prime Minister
Hailemariam Desalegn, at the time AU chairman, told the
UN General Assembly at the General debate of the sixtyeighth session of the United Nations General Assembly:
The manner in which the ICC has been operating has
left a very bad impression in Africa. It is totally unacceptable.
AU withdrawal proposal

The ICC has been accused of disproportionately targeting

Africans, such as Kenyan President Uhuru Kenyatta, who was
cleared of charges of crimes against humanity.

The ICC has been accused of bias and as being a tool of

Western imperialism, only punishing leaders from small,
weak states while ignoring crimes committed by richer
and more powerful states.[197][198][199] This sentiment has
been expressed particularly by African leaders due to an
alleged disproportionate focus of the Court on Africa,
while it claims to have a global mandate; until January

South African President Jacob Zuma said the perceptions of the ICC as unreasonable led to the calling of
the special AU summit on 13 October 2015. Botswana
is a notable supporter of the ICC in Africa.[202] At the
summit, the AU did not endorse the proposal for a mass
withdrawal from the ICC due to lack of support for the
idea.[203] However, the summit did conclude that serving heads of state should not be put on trial and that
the Kenyan cases should be deferred. Ethiopian Foreign
Minister Tedros Adhanom said: We have rejected the
double standard that the ICC is applying in dispensing
international justice.[204] Despite these calls, the ICC
went ahead with requiring William Ruto to attend his
trial.[205] The UNSC was then asked to consider deferring the trials of Kenyatta and Ruto for a year,[206] but
this was rejected.[207] In November, the ICCs Assembly of State Parties responded to Kenyas calls for an
exemption for sitting heads of state[208] by agreeing to
consider amendments to the Rome Statute to address the




Checks and balances

investigation, because the ICC did not reach the conclusion of its verdict after considering the governments poCritics of the Court argue that there are insucient sition and actions in the conict.
checks and balances on the authority of the ICC prosecutor and judges and insucient protection against politicized prosecutions or other abuses.[39]
1.10.5 Unintentional consequences
Concerning the independent Oce of Public Counsel for
the Defence (OPCD), Thomas Lubangas defence team Research suggests that prosecutions of leaders in the[214]
say they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to

1.10.6 State cooperation


Rights of the accused

Among those who argue that the protections oered by

the ICC are insucient is the Heritage Foundation, an
American conservative think tank based in Washington
DC which stated in 2001 that Americans who appear
before the court would be denied such basic U.S. constitutional rights as trial by a jury of ones peers, protection
from double jeopardy, and the right to confront ones accusers.[210] It should be noted, however, that US citizens
do not always have a right to a jury trial. In common
with the practice of most nation states, American service personnel, for example, tried by courts martial do
not have a right to a jury trial in the usual sense nor are
the panel members necessarily their peers. By contrast
Human Rights Watch claimed in 2006 that the ICC has
one of the most extensive lists of due process guarantees
ever written, including presumption of innocence; right
to counsel; right to present evidence and to confront witnesses; right to remain silent; right to be present at trial;
right to have charges proved beyond a reasonable doubt;
and protection against double jeopardy. Although the
United States actually voted against adoption of the Rome
treaty, David Scheer, who led the US delegation to the
Rome Conference maintained when we were negotiating
the Rome treaty, we always kept very close tabs on, 'Does
this meet U.S. constitutional tests, the formation of this
court and the due process rights that are accorded defendants?' And we were very condent at the end of Rome
that those due process rights, in fact, are protected, and
that this treaty does meet a constitutional test.[211]
In some common law systems, such as the United States,
the right to confront ones accusers is traditionally seen
as negatively aected by the lack of an ability to compel
witnesses and the admission of hearsay evidence,[212][213]
which along with other indirect evidence is not generally



Limitations exist for the ICC. The Human Rights Watch

(HRW) reported that the ICCs prosecutor team takes no
account of the roles played by the government in the conict of Uganda, Rwanda or Congo. This led to a awed

That the ICC cannot mount successful cases without

state cooperation is problematic for several reasons. It
means that the ICC acts inconsistently in its selection of
cases, is prevented from taking on hard cases and loses
legitimacy.[215] It also gives the ICC less deterrent value,
as potential perpetrators of war crimes know that they
can avoid ICC judgment by taking over government and
refusing to cooperate.[215]

1.11 See also

States parties to the Rome Statute of the International Criminal Court
Agreement on the Privileges and Immunities of the
International Criminal Court
Legal Tools (database on International Criminal

1.12 Notes and references

[1] The International Criminal Court: An Introduction. Retrieved 25 November 2012. The ocial languages of the
ICC are Arabic, Chinese, English, French, Russian and
Spanish and the working languages are currently English
and French
[2] International Criminal Court is sometimes abbreviated as
ICCt to distinguish it from several other organisations abbreviated as ICC. However the more common abbreviation ICC is used in this article.
[3] United Nations Department of Public Information, December 2002. The International Criminal Court. Retrieved 5 December 2006.
[4] Dempsey, Gary T. (16 July 1998). Reasonable Doubt:
The Case Against the Proposed International Criminal
Court. Cato Institute. Retrieved 31 December 2006.
[5] Benjamin B Ferencz, Biography. 9 January 2008.
Archived from the original on 9 January 2008. Retrieved
1 March 2011.


[6] International Criminal Court (20 June 2006). Election of

Mr Arthur N.R. Robinson to the Board of Directors of the
Victims Trust Fund at the Wayback Machine (archived
September 27, 2007). Retrieved 3 May 2007.
[7] History of the ICC. Retrieved 4 June 2012.
[8] Coalition for the International Criminal Court. History
of the ICC. Retrieved 31 December 2006.
[9] Draft Statute for an International Criminal Court, 1994.
Retrieved 4 June 2012.
[10] Scharf, Michael P. (August 1998). Results of the
Rome Conference for an International Criminal Court.
American Society of International Law. Retrieved 4 December 2006.
[11] Amnesty International (11 April 2002). The International Criminal Court A Historic Development in the
Fight for Justice. Retrieved 20 March 2008.


[24] Ukraine accepts ICC jurisdiction over alleged crimes

committed since 20 February 2014. ICC press release.
8 September 2015. Retrieved 11 September 2015.
[25] Article 112 of the Rome Statute. Retrieved 18 October
[26] Amnesty International, 11 November 2007. Assembly of
States Parties of the International Criminal Court. Retrieved 2 January 2008.
[27] Article 46 of the Rome Statute. Retrieved 18 October
[28] Coalition for the International Criminal Court. Assembly
of States Parties. Retrieved 2 January 2008.
[29] Uganda to host Rome Statute Review Conference The
Hague Justice Portal. Retrieved 5 May 2016.
[30] The Presidency.

[12] Coalition for the International Criminal Court. Judges

and the Presidency. Archived from the original on 9 December 2012. Retrieved 9 December 2012.

[31] Article 38 of the Rome Statute. Accessed 18 October


[13] International Criminal Court (14 October 2005).

Warrant of Arrest Unsealed Against Five LRA
Commanders. Retrieved 30 September 2014.

[32] Judge Fernndez de Gurmendi elected ICC President for

2015-2018; Judges Aluoch and Ozaki elected First and
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[14] International Criminal Court (9 November 2006).

Prosecutor Presents Evidence That Could Lead to First
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[33] Peter Cluskey (2015-04-06). International Criminal

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[15] ICC nds Congo warlord Thomas Lubanga guilty. BBC

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[16] International Criminal Court. Assembly of States Parties at
the Wayback Machine (archived January 18, 2008). Retrieved 2 January 2008.

[34] International Criminal Court. Chambers at the Wayback

Machine (archived July 18, 2007). Retrieved 21 July
[35] Article 36 of the Rome Statute. Retrieved 18 October

[17] International Criminal Court. Structure of the Court, ICC

website. Retrieved 16 June 2012

[36] Article 41 of the Rome Statute. Accessed 18 October


[18] The sum of (a) states parties, (b) signatories and (c) nonsignatory United Nations member states is 195. This number is two more than the number of United Nations member states (193) due to the State of Palestine and Cook
Islands being states parties but not United Nations member states.

[37] International Criminal Court. Oce of the Prosecutor at

the Wayback Machine (archived January 19, 2008). Retrieved 21 July 2007.

[19] United Nations Treaty Database entry regarding the Rome

Statute of the International Criminal Court. Retrieved 10
March 2010.
[20] The 1969 Vienna Convention on the Law of Treaties, Article 18. Accessed 23 November 2006.

[39] US Department of State, 30 July 2003. Frequently Asked

Questions About the U.S. Governments Policy Regarding
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[21] John R Bolton, 6 May 2002. International Criminal Court:

Letter to UN Secretary General Ko Annan. US Department of State. Accessed 2006-11-23.

[40] Henry A. Kissinger. The Pitfalls of Universal Jurisdiction. Foreign Aairs, July/August 2001, p. 95. Retrieved 31 December 2006.

[22] Chinas Attitude Towards the ICC, Lu Jianping and

Wang Zhixiang, Journal of International Criminal Justice,

[41] Why the law wants a word with Kissinger, Fairfax Digital, 30 April 2002

[23] India and the ICC, Usha Ramanathan, Journal of International Criminal Law, 2005.

[38] Article 42 of the Rome Statute. Retrieved 18 October


[42] The Assembly of States Parties to the Rome Statute opens

its tenth session. ICC. 14 December 2011. Retrieved 14
December 2011.



[43] International Criminal Court. The Registry. Retrieved 21

July 2007.
[44] The registrar. International Criminal Court. Retrieved
17 August 2013.
[45] Rome Statute, Article 5.
[46] Rome Statute, Article 6.

[76] International Criminal Court. Rights of the Defence at

the Wayback Machine (archived April 22, 2007). Retrieved 3 May 2007.
[77] International Criminal Court, 2005. Report of the International Criminal Court for 2004. Retrieved 3 May 2007.

[47] Rome Statute, Articles 6(a)6(e).

[48] Rome Statute, Article 7.
[49] Elements of Crimes (PDF). ICC. 2011.

[75] Katy Glassborow (21 August 2006). Defending the Defenders at the Wayback Machine (archived May 9, 2007).
Global Policy Forum. Retrieved 3 May 2007.


[50] Rome Statute, Article 8(2)(c).

[51] Rome Statute, Article 8.
[52] Article 5 of the Rome Statute. Retrieved 20 March 2008.
[53] Rome Statute, Article 8 bis(1).
[54] Rome Statute, Article 8 bis(2).
[55] Rome Statute, Articles 8 bis(2)(a)8 bis(2)(g).
[56] Rome Statute, Article 70.
[57] Rome Statute, Article 12.
[58] Rome Statute, Article 13(b).
[59] Rome Statute, Article 29.
[60] Rome Statute, Article 11(1).
[61] Rome Statute, Article 11(2).
[62] Rome Statute, Article 53(1).

[78] Stephanie Hanson (17 November 2006). Africa and the

International Criminal Court. Council on Foreign Relations. Retrieved 23 November 2006.
[79] International Criminal Court. Victims and witnesses at the
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[80] Ilaria Bottigliero (April 2003). The International Criminal Court Hope for the Victims. 32 SGI Quarterly. pp.
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[81] Moett, Luke. Realising Justice for Victims before the
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[82] Article 43(6) of the Rome Statute. Accessed 18 October
[83] Article 68 of the Rome Statute. Accessed 18 October
[84] International Criminal Court, 17 October 2006. Report on
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[85] US Department of State Cable, 10NAIROBI11, Kenya:
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[63] Rome Statute, Articles 17(a)17(c).

[64] Rome Statute, Articles 17(d).
[65] Rome Statute, Article 53(1)(c).
[66] Rome Statute, Article 53(2)(c).
[67] Schabas, William A. (2011). An Introduction to the International Criminal Court. Cambridge University Press. p.
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[86] Moett, Luke (2014-06-27). Justice for Victims Before the International Criminal Court. Routledge. ISBN
[87] Decision establishing the principles and procedures to be
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[88] International Criminal Court. Trust Fund for Victims at
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[68] Schabas 2011, p. 322.

[69] Schabas 2011, pp. 303304.
[70] Schabas 2011, p. 304.
[71] Schabas 2011, p. 312.
[72] Schabas 2011, p. 316.
[73] Article 66 of the [Rome Statute]. Retrieved 18 October
[74] The rights of persons during an investigation are provided
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[89] Article 34 (PDF). Vienna Convention on the Law of

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[90] Article 87 (5)(a) of the Rome Statute. Retrieved 30 October 2008.
[91] Zhu, Wenqi (2006). On Co-Operation by States
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[92] Article 25 of the UN Charter. Retrieved 30 October 2008.
[93] Article 89 of Additional Protocol I from 1977. Accessed
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[94] Military and Paramilitary Activities in and against [113]

Nicaragua (Nicaragua v. the United States of America),
Merits, Judgment, ICJ Reports 1986, p. 114, para. 220.
[95] Article 99 of the Rome Statute. Retrieved 30 October [114]
[96] Article 87(5) of the Rome Statute. Accessed on 30 October 2008.
[115] Emma Thomasson, 28 February 2006. ICC says cells
ready for Uganda war crimes suspects. Reuters. Retrieved
[97] Anthony Dworkin (December 2003). Introduction in
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[116] International Criminal Court, 18 October 2005. Report on
the future permanent premises of the International Crimi[98] Article 16 of the Rome Statute. Accessed 20 March 2008.
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[99] Article 53 of the Rome Statute. Accessed 20 March 2008.
[100] Tim Cocks (30 May 2007). Uganda Urges Tradi- [117] International Criminal Court, January 2007. Socorro Flotional Justice for Rebel Crimes at the Wayback Machine
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[101] Alasdair Palmer (14 January 2007). When Victims Want [118] International Criminal Court, 18 October 2007. The RegPeace, Not Justice. The Sunday Telegraph. Accessed 15
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[102] Alena Skodova (12 April 2002). Czech Parliament
Against Ratifying International Criminal Court. Radio [119] Resolution ICC-ASP/6/Res.4 (PDF). Part III ResoluPrague. Accessed 11 January 2007.
tions and recommendations adopted by the Assembly of
[103] See, for example, Ko Annan (4 October 2000). Report
of the Secretary-General on the Establishment of a Special
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April 2008. Retrieved 30 October 2011. Programme budget for 2008, the Working Capital Fund for 2008, scale of
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the year 2008

[104] Jean-Marie Henckaerts & Louise Doswald-Beck, 2005.

Customary International Humanitarian Law, Volume I:
Rules, pp. 613614. Cambridge: Cambridge University
[120] Report on programme performance of the International
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States Parties, Seventh Session. International Criminal
[105] Article 3 of the Rome Statute. Retrieved 18 October
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[106] The legal relationship between the ICC and the Netherlands is governed by a headquarters agreement, which [121] Programme budget for 2009, the Contingency Fund, the
entered into force on 1 March 2008. (See International
Working Capital Fund for 2009, scale of assessments for
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nal Court and nancing appropriations for the year 2009:
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[124] Situations and Cases. ICC. Retrieved 2014-09-24.

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Court, Fatou Bensouda, on opening a Preliminary Exam- [149] The Prosecutor of the International Criminal Court, Fatou Bensouda, opens a preliminary examination of the sitination into the situation in Burundi. ICC press release.
uation in Palestine. ICC. 2015-01-16. Retrieved 201525 April 2016. Retrieved 25 April 2016.
[131] Report on Preliminary Examination Activities 2014
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tor. 2015-09-16. Retrieved 2015-09-16.
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[151] ICC-01/15: Decision on the Prosecutors request for authorization of an investigation (PDF). ICC. 2016-01-27.
[133] Situation in Uganda (ICC-02/04)". ICC. Retrieved
Retrieved 2016-01-28.
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Court, Fatou Bensouda, on opening a Preliminary Examination into the situation in Burundi. ICC. 2016-04-25.
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OTP response to communications received concerning
Iraq (PDF). ICC. 2013-11-25. Retrieved 2013-12-03.
[153] ICC case information sheet on the Lubanga case. ReProsecutor of the International Criminal Court, Fatou
trieved 16 January 2016.
Bensouda, re-opens the preliminary examination of the
situation in Iraq. ICC. 2014-05-13. Retrieved 2014-05- [154] Article 110 (3) of the Rome Statute of the International
Court states that "[w]hen the person has served two thirds
of the sentence, or 25 years in the case of life imprisonOTP response to communications received concerning
ment, the Court shall review the sentence to determine
Venezuela (PDF). ICC. 2006-02-09. Retrieved 2013whether it should be reduced. Such a review shall not be
conducted before that time. Article 78 (3) of the Rome
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onment, the Court shall deduct the time, if any, previICC. Retrieved 2013-12-03.
ously spent in detention in accordance with an order of
the Court. The Court may deduct any time otherwise
Update on Situation in Palestine (PDF). ICC. 2012-04spent in detention in connection with conduct underlying
03. Retrieved 2013-12-03.
the crime. The Courts Trial Chamber I determined in its
Statement of the Prosecutor of the International Criminal
sentencing decision that the time since 16 March 2006 is
Court, Fatou Bensouda, on the conclusion of the prelimito be deducted from the sentence. Thus, Thomas Lubanga
nary examination into the situation in Honduras. Oce of
is to be released on or before 16 March 2020. Starting
the Prosecutor press release. 28 October 2015. Retrieved
from 16 March 2006, two-thirds of 14 years (nine years
29 October 2015.
and four months) had elapsed on 16 July 2015.

[134] Situation in Darfur, Sudan (ICC-02/05)". ICC. Retrieved 2013-12-03.




[141] Situation in the Republic of Kenya (ICC-01/09)". ICC. [155] ICC Judges decline to reduce Mr Thomas Lubanga DyRetrieved 2013-12-03.
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[142] Situation in the Republic of Korea: Article 5 Report
(PDF). ICC. 2014-06-23. Retrieved 2014-06-24.
[156] ICC case information sheet on the Ntaganda case. Re[143] Situation in Libya (ICC-01/11)". ICC. Retrieved 201312-03.
[144] Situation in the Republic of Cte d'Ivoire (ICC-02/11)".
ICC. Retrieved 2013-12-03.
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trieved 16 September 2015.

[157] ICC case information sheet on the Katanga case. Retrieved 16 January 2016.
[158] DR Congo to prosecute militia leader Katanga, convicted
by ICC. Yahoo News. 18 January 2016. Retrieved 28
January 2016.



[159] ICC Presidency approves the prosecution of Mr Germain [180] The Prosecutor v. Walter Osapiri Barasa. ICC informaKatanga by national authorities of the Democratic Repubtion page. Retrieved 5 May 2016.
lic of the Congo. ICC press release. 7 April 2016. Re[181] The Prosecutor v. Paul Gicheru and Philip Kipkoech Bett.
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[160] ICC case information sheet on the Chui case. Retrieved
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trieved 28 June 2015.
[161] ICC case information sheet on the Mbarushimana case.
[183] ICC case information sheet on the L. Gbagbo-Bl Goude
Retrieved 4 August 2011.
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[162] Mbarushimana case: ICC Appeals Chamber rejects the
[184] Statement of ICC-Prosecutor at the Commencement of
Prosecutions appeal. ICC. Retrieved 30 May 2012.
Trial in the case against Messrs. Laurent Gbagbo and
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Charles Bl Goud. Oce of the Prosecutor press reRetrieved 8 December 2012.
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[164] ICC case information sheet on the Kony-Otti case. Re- [185] ICC case information sheet on the Simone Gbagbo case.
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Retrieved 8 December 2012.
[165] Vincent Otti is conrmed dead. New Vision. 22 Novem[186] ICC case information sheet on the al-Faqi case. Retrieved
ber 2007. Retrieved 28 February 2012.
27 March 2016.
[166] ICC case information sheet on the Ongwen case. Re[187] Al Mahdi case: Trial to open on 22 August 2016. ICC
trieved 6 March 2016.
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[167] Ongwen case: Trial to open on 6 December 2016. ICC
[188] Situation in the Central African Republic II. ICC inforpress release. 30 May 2016. Retrieved 1 June 2016.
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[168] ICC case information sheet on the Bemba case. Retrieved
[189] Situation in Georgia. ICC information page. Retrieved 2
10 April 2016.
May 2016.
[169] ICC Trial Chamber III sentences Jean-Pierre Bemba
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[175] ICC case information sheet on the Banda case. Last updated 11 September 2014. Retrieved 25 September 2014.

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[179] ICC case information sheet on the Kenyatta case. Last
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Union accuses ICC prosecutor of bias


[199] The European Unions Africa Policies. Retrieved 5 May



Calvo-Goller, Karin, The Trial Proceedings of the
International Criminal Court ICTY and ICTR
Precedents, Martinus Nijho Publishers, 2006,
(ISBN 90 04 14931 7).

[200] Africa and the International Criminal Court:

A drag net that catches only small sh?, Nehanda Radio, By William Muchayi, 24 Septem Calvo-Goller, Karin, La procdure et la jurispru
dence de la Cour pnale internationale, (Preface by
[201] Europe - From Lubanga to Kony, is the ICC only after
Africans?. France 24 (2012-03-15). Retrieved on 201404-28.
[202] Peter Cluskey (2013-10-04). Kenya pushing for African
split from International Criminal Court.
Retrieved 2015-04-12.
[203] Fortin, Jacey (12 October 2013). African Union Countries Rally Around Kenyan President, But Wont Withdraw From The ICC. International Business Times. Retrieved 12 October 2013.
[204] Africans urge ICC not to try heads of state - Africa. Al
Jazeera English. Retrieved on 2014-04-28.
[205] ICC rules Kenya VP must attend his trial - Africa. Al
Jazeera English. Retrieved on 2014-04-28.
[206] Africans push UN to call o 'racist' court - Features. Al
Jazeera English. Retrieved on 2014-04-28.
[207] UN rejects trial deferral for Kenyan leaders. Al Jazeera.
16 November 2013. Retrieved 25 January 2014.
[208] Kenya vows to have ICC statute amended. Retrieved 5
May 2016.
[209] Kaberia, Judie (20 November 2013). Win for Africa
as Kenya agenda enters ICC Assembly. Retrieved 23
November 2013.
[210] Brett D. Schaefer (9 January 2001). Overturning
Clintons Midnight Action on the International Criminal
Court. The Heritage Foundation. Retrieved 23 November 2006.
[211] CNN (2 January 2000). Burden of Proof transcript. Retrieved 31 December 2006.
[212] Carlan, Philip E.; Nored, Lisa S.; Downey, Ragan A.
(2011). An Introduction to Criminal Law. p. 24. ISBN
[213] Maei, Stefano (2006). The European Right to Confrontation in Criminal Proceedings: Absent, Anonymous and Vulnerable Witnesses. pp. 222225. ISBN 978-90-7687164-6.
[214] Nalepa, Monika; Powell, Emilia Justyna (2015-0212). The Role of Domestic Opposition and International Justice Regimes in Peaceful Transitions of Power.
Journal of Conict Resolution: 0022002714567946.
doi:10.1177/0022002714567946. ISSN 0022-0027.
[215] Hillebrecht, Courtney; Straus, Scott (2016-03-28). Last
week, the International Criminal Court convicted a war
criminal. And that revealed one of the ICCs weaknesses.. The Washington Post. ISSN 0190-8286. Retrieved 2016-03-28.

Pr Robert Badinter), Lextenso ditions La Gazette

du Palais, 2012 (ISBN 978-2-35971-029-8).

Fichtelberg, Aaron. Fair Trials and International

Courts: A Critical Evaluation of the Nuremberg
Legacy. Criminal Justice Ethics 28.1 (2009): 5-24.

1.13 Further reading

Bruce Broomhall, International Justice and the International Criminal Court: Between Sovereignty and
the Rule of Law. Oxford: Oxford University Press
(2003). ISBN 0-19-927424-X.
Anne-Marie de Brouwer, Supranational Criminal
Prosecution of Sexual Violence: The ICC and the
Practice of the ICTY and the ICTR. Antwerp Oxford: Intersentia (2005). ISBN 90-5095-533-9.
Calvo-Goller, Karin, The Trial Proceedings of the
International Criminal Court ICTY and ICTR
Precedents, Martinus Nijho Publishers, 2006,
(ISBN 90 04 14931 7).
Calvo-Goller, Karin, La procdure et la jurisprudence de la Cour pnale internationale, (Preface by
Pr Robert Badinter), Lextenso ditions La Gazette
du Palais, 2012, (ISBN 978-2-35971-029-8).
Antonio Cassese, Paola Gaeta & John R.W.D. Jones
(eds.), The Rome Statute of the International Criminal Court: A Commentary. Oxford: Oxford University Press (2002). ISBN 978-0-19-829862-5.
Louise Chappell, 'The Role of the ICC in Transitional Gender Justice: Capacity and Limitations in
Susanne Buckley-Zistel/Ruth Stanley (eds.): Gender in Transitional Justice, Palgrave, 2012, pp. 37
Hans Kchler, Global Justice or Global Revenge? International Criminal Justice at the Crossroads. Vienna/New York: Springer, 2003, ISBN 3-21100795-4.
Kreicker, Helmut (July 2009). Immunitt und
IStGH: Zur Bedeutung vlkerrechtlicher Exemtionen fr den Internationalen Strafgerichtshof (PDF).
Zeitschrift fr internationale Strafrechtsdogmatik
Helmut Kreicker: Vlkerrechtliche Exemtionen:
Grundlagen und Grenzen vlkerrechtlicher Immunitten und ihre Wirkungen im Strafrecht. 2 vol.,


Berlin 2007, ISBN 978-3-86113-868-6. See also
S107. 30 November 2010. Retrieved
1 March 2011.
Steven C. Roach (ed.) Governance, Order, and the
International Criminal Court: Between Realpolitik
and a Cosmopolitan Court. Oxford: Oxford University Press (2009). ISBN 978-0-19-954673-2.
Roy S Lee (ed.), The International Criminal Court:
The Making of the Rome Statute. The Hague:
Kluwer Law International (1999). ISBN 90-4111212-X.
Roy S Lee & Hakan Friman (eds.), The International Criminal Court: Elements of Crimes and Rules
of Procedure and Evidence. Ardsley, NY: Transnational Publishers (2001). ISBN 1-57105-209-7.
Madeline Morris (ed.), "The United States and the
International Criminal Court", Law and Contemporary Problems, Winter 2001, vol. 64, no. 1. Retrieved 2007-07-24.
Luke Moett, Justice for Victims before the International Criminal Court, Routledge (2014). ISBN
William A Schabas, An Introduction to the International Criminal Court (2nd ed.). Cambridge:
Cambridge University Press (2004). ISBN 0-52101149-3.


1.14 External links

Ocial website
Al-Jazeera Inside Story on ICC
The States Parties to the Rome Statute
United Nations website on the Rome Statute
International Criminal Court, International Committee of the Red Cross. -- broken link
The Coalition for the International Criminal Court
The International Criminal Court by Amnesty International USA
Victims Rights Working Group
Transnational Crime. Oxford Bibliographies Online: Criminology.
Cosy club or sword of righteousness?,
The Economist, Nov.26th, 2011.

Nice idea,
now make it work,

Benjamin N. Schi. Building the International Criminal Court. Cambridge: Cambridge University Press
(2008) ISBN 9780521873123

Immunity of state ocials from foreign criminal jurisdiction Bibliographies on the topics of the International Law Commission (no. 8 in the list) (UNOG

Nicolaos Strapatsas, Universal Jurisdiction and the

International Criminal Court, Manitoba Law Journal, 2002, vol. 29, p. 2.

A collection of primary documents critical to an understanding of the Evolution of the Legal Jurisdiction of the International Criminal Court

Lyal S. Sunga, The Crimes within the Jurisdiction

of the International Criminal Court (Part II, Articles
510)", European Journal of Crime, Criminal Law
and Criminal Justice vol. 6, no. 4, pp. 377399
(April 1998).
Lyal S. Sunga, The Emerging System of International Criminal Law: Developments in Codication
and Implementation (Brill) (1997).
Averting Palestinian Unilateralism: The International Criminal Court and the Recognition of the
Palestinian Authority as a Palestinian State, Ambassador Dore Gold with Diane Morrison, October
Fichtelberg, Aaron. Fair Trials and International
Courts: A Critical Evaluation of the Nuremberg
Legacy. Criminal Justice Ethics 28.1 (2009): 5-24.
ProQuest Criminal Justice. Web. 16 October 2013.
David Bosco, Rough Justice: The International
Criminal Courts Battle to Fix the World, One Prosecution at a Time, Oxford University Press, 2014.

Chapter 2

International court
the genocide in Rwanda. In addition to international tribunals created to address crimes committed during genocides and civil war, ad hoc courts combining international
and domestic strategies have also been established on a
situational basis. Examples of these hybrid tribunals
are found in Sierra Leone, Lebanon, East Timor, and
International Courts are permanent tribunals judging by
International laws and treaties, also when these norms are
on civil and commercial matters.[1] International courts
should be distinguished from international arbitration forums.

2.2 Privileges and immunities

Judges and high-level sta of such courts may be aorded
diplomatic immunity if their governing authority allows.

2.3 List of international courts

The International Criminal Court in The Hague

International courts are formed by treaties between nations or under the authority of an international organization such as the United Nations and include ad hoc tribunals and permanent institutions but exclude any courts
arising purely under national authority.

2.1 Criminal and civil matters

Early examples of international courts include the
Nuremberg and Tokyo tribunals established in the aftermath of World War II. Three such courts are presently located at The Hague in the Netherlands: the International
Criminal Tribunal for the former Yugoslavia (ICTY), the
International Court of Justice (ICJ), and the International
Criminal Court (ICC). Further international courts exist
elsewhere, usually with their jurisdiction restricted to a The International Court of Justice
particular country or issue, such as the one dealing with



2.7 External links

Project on International Courts and Tribunals, which
maintains a second website focused on Africa at
United Nations Rule of Law: Tribunals & Other
Mechanisms, on the relationship between international courts and the rule of law.

Defendants in the dock at the International Military Tribunal in


2.4 List of hybrid tribunals

2.5 Lectures
Lecture by Yuval Shany entitled Assessing the Eectiveness of International Courts: A Goal-based Approach in the Lecture Series of the United Nations
Audiovisual Library of International Law
Lecture by Sir Elihu Lauterpacht entitled The Role
of the International Judge in the Lecture Series of
the United Nations Audiovisual Library of International Law
Lecture by Kenneth Keith entitled Aspects of the Judicial Process in National and International Courts
and Tribunals in the Lecture Series of the United
Nations Audiovisual Library of International Law
Lecture by Mark Weston Janis entitled Protestants,
Progress and Peace: the 19th Century Movement for
an International Court and Congress: Early Drafts of
Todays International Court and the United Nations
in the Lecture Series of the United Nations Audiovisual Library of International Law

2.6 References
[1] There are questions about virtual contradictions from
overlapping between the international courts and between them and the Italian Courts: Buonomo, Giampiero
(2011). Diritti umani: in Europa lItalia una voce fuori
dal coro. Golem informazione. via Questia (subscription required)
[2] Statute of the Extraordinary African Chambers. Human
Rights Watch. Retrieved 3 November 2014.

Chapter 3

Permanent Court of International Justice

PCIJ redirects here. For the Philippine media organiza- risdiction. Strictly speaking, it was allowed to intervene
tion, see Philippine Center for Investigative Journalism. only in matters of international law, but became involved
The Permanent Court of International Justice, of- in municipal law during the Loans Cases.

3.1 History
3.1.1 Founding and early years

The Peace Palace in The Hague, Netherlands, home to the Permanent Court of International Justice

ten called the World Court, existed from 1922 to 1946.

It was an international court attached to the League of
Nations. Created in 1920 (although the idea of an international court was several centuries old), the Court was
initially well-received from states and academics alike,
with many cases submitted to it for its rst decade of operation. With the heightened international tension of the
1930s, the Court became less used. By a resolution by the
League of Nations on 18 April 1946, the Court ceased to
exist and was replaced by the International Court of Justice.
The Courts mandatory jurisdiction came from three
sources: the Optional Clause of the League of Nations,
general international conventions and special bipartite international treaties. Cases could also be submitted directly by states, but they were not bound to submit material unless it fell into those three categories. The Court
could issue either judgments or advisory opinions. Judgments were directly binding while advisory opinions were
not. In practice, member states of the League of Nations
followed advisory opinions anyway, as they feared that
otherwise, they could undermine the moral and legal authority of the Court and League.

An international court had long been proposed; Pierre

Dubois suggested it in 1305 and meric Cruc in 1623.[1]
An idea of an international court of justice arose in the
political world at the First Hague Peace Conference in
1899, where it was declared that arbitration between
states was the easiest solution to disputes, providing a
temporary panel of judges to arbitrate in such cases, the
Permanent Court of Arbitration. At the Second Hague
Peace Conference in 1907, a draft convention for a permanent Court of Arbitral Justice was written although
disputes and other pressing business at the Conference
meant that such a body was never established, owing to
diculties agreeing on a procedure to select the judges.[2]
The outbreak of the First World War, and, in particular, its conclusion made it clear to many academics that
some kind of world court was needed, and it was widely
expected that one would be established.[3] Article 14 of
the Covenant of the League of Nations, created after the
Treaty of Versailles, allowed the League to investigate
setting up an international court.[4] In June 1920, an Advisory Committee of jurists appointed by the League of
Nations nally established a working guideline for the appointment of judges, and the Committee was then authorised to draft a constitution for a permanent court not of
arbitration but of justice.[5] The Statute of the Permanent
Court of International Justice was accepted in Geneva on
December 13, 1920.[6]

The Court rst sat on 30 January 1922, at the Peace

Palace, The Hague, covering preliminary business during the rst session (such as establishing procedure and
appointing ocers) Nine judges sat, along with three
deputies, since Antonio Snchez de Bustamante y Sirven,
Ruy Barbosa and Wang Ch'ung-hui were unable to attend,
the last being at the Washington Naval Conference.[7] The
On occasion, the Court was accused of extending its ju- Court elected Bernard Loder as President and Max Huber

as Vice-President; Huber was replaced by Charles Andre
Weiss a month later.[8] On 14 February the Court was ofcially opened, and rules of procedure were established
on 24 March, when the court ended its rst session.[9]
The court rst sat to decide cases on 15 June.[10] During its rst year of business, the Court issued three advisory opinions, all related to the International Labour Organisation created by the Treaty of Versailles and collectively grouped into the International Labour Organisation
The initial reaction to the Court was good, from politicians, practising lawyers and academics alike. Ernest Pollock, the former Attorney General for England and Wales
said, May we not as lawyers regard the establishment of
an International Court of Justice as an advance in the science that we pursue?" John Henry Wigmore said that the
creation of the Court should have given every lawyer a
thrill of cosmic vibration, and James Brown Scott wrote
that the one dream of our ages has been realised in our
time.[12] Much praise was heaped upon the appointment
of an American judge despite the fact that the United
States had not become a signatory to the Courts protocol, and it was thought that that it would soon do so.[13]


Increasing work and attempted entry

of the United States

U.S. President Warren G. Harding, who had rst suggested

United States involvement in the Permanent Court of International Justice.

The Court faced increasing work as it went on, allaying the fears of those commentators who had believed
the Court would become like the Supreme Court of the
United States, which was not presented with a case for
its rst six terms.[14] The Court was given nine cases
during 1922 and 1923, however, with judgments called
cases and advisory opinions called questions. Three
cases were disposed of during the Courts rst session,
one during an extraordinary sitting between 8 January
and 7 February 1923 (the Tunis-Morocco Nationality
Question), four during the second ordinary sitting between 15 June 1923 and 15 September 1923 (Eastern
Carelia Question, S.S. Wimbledon case, German Settlers Question, Acquisition of Polish Nationality Question) and one during a second extraordinary session from
12 November to 6 December 1923 (Jaworznia Question).[15] A replacement for Ruy Barbosa (who had died
on 1 March 1923 without hearing any cases) was also
found, with the election of Epitcio Lindolfo da Silva
Pessoa on 10 September 1923.[16] The workload the following year was reduced, containing two judgments and
one advisory opinion; the Mavrommatis Palestine Concessions Case, the Interpretation of the Treaty of Neuilly
Case (the rst case of the Courts Chamber of Summary
Procedure)[17] and the Monastery of Saint-Naoum Question.[18] During the same year, a new President and VicePresident were elected, since they were mandated to serve
for a term of three years. At the elections on 4 September 1924, Charles Andre Weiss was again elected VicePresident and Max Huber became the second President of
the Court.[19] Judicial pensions were created at the same
time, with a judge being given 1/30th of his annual pay
for every year he had served once he had both retired and
turned 65.[20]
1925 was an exceedingly busy year for the court, which
sat for 210 days, with four extraordinary sessions as well
as the ordinary session, producing 3 judgments and 4
advisory opinions. The rst judgment was given in the
Exchange of Greek and Turkish Populations Case, the
second (by the Court of Summary Procedure) was on
the interpretation of the Interpretation of the Treaty of
Neuilly Case, and the third in the Mavrommatis Palestine Concessions Case.[21] The 4 advisory opinions issued by the Court were in the Polish Postal Service in
Danzig Question, the Expulsion of the Ecumenical Patriarch Question, the Treaty of Lausanne Question and
the German Interests in Polish Upper Silesia Question.[22]
1926 saw reduced business, with only one ordinary session and one extraordinary session; it was, however, the
rst year that all 11 judges had been present to hear
cases.[23] The court heard two cases, providing one judgment and one advisory opinion; a second question on
German Interests in Polish Upper Silesia, this time a
judgment rather than an advisory opinion,[24] and an
advisory opinion on the International Labour Organisation, grouped into the International Labour Organisation



Despite the reduction of work in 1926, 1927 was another

busy year, the Court sitting continuously from 15 June
to 16 December, handing down 4 orders, 4 judgments
and 1 advisory opinion.[26] The judgments were in the
Belgium-China Case, the Case Concerning the Factory
at Chorzow, the Lotus Case and a continuation of the
Mavrommatis Jerusalem Concessions Case.[27] 3 of the
advisory opinions were on the Competence of the European Commission on the Danube, and the 4th was on
the Jurisdiction of Danzig Courts.[28] The 4 orders were
on the German Interests in Polish Upper Silesia.[29] This
year saw another set of elections; on 6 December, with
Dionisio Anzilotti elected President and Charles Andre
Weiss elected Vice-President.[30] Weiss died the following year, and John Bassett Moore resigned; Max Huber
was elected Vice-President on 12 September 1928 to succeed Weiss,[31] while a second death (Lord Finlay) left
the Court increasingly understaed.[32] Replacements for
Moore and Finlay were elected on 19 September 1929;
Henri Fromageot and Cecil Hurst respectively.[33]

1937, 1938,[42] and 1939[43] although 1937 was marked

by Monaco's acceptance of the Court protocol.[44] The
Courts judicial output in 1940 consisted entirely of a
set of orders, completed in a meeting between 19 and
26 February, caused by an international situation, which
left the Court with uncertain prospects for the future.
Following the German invasion of the Netherlands, the
Court was unable to meet although the Registrar and
President were aorded full diplomatic immunity.[45] Informed that the situation would not be tolerated after
diplomatic missions from other nations left The Hague
on 16 July, the President and Registrar left the Netherlands and moved to Switzerland, accompanied by their
The Court was unable to meet during 1941, 1942, 1943
or 1944,[47] but the framework remained intact, and it
soon became apparent that the Court would be dissolved.
In 1943, an international panel met to consider the question of the Permanent Court of International Justice,[48]
meeting from 20 March to 10 February 1944. The panel
agreed that the name and functioning of the Court should
be preserved but for some future court rather than a continuation of the current one. Between 21 August and
7 October 1944, the Dumbarton Oaks Conference was
held, which, among other things, created an international
court attached to the United Nations, to succeed the Permanent Court of International Justice.[49] As a result of
these conferences and others, the judges of the Permanent Court of International Justice ocially resigned in
October 1945 and, via a resolution by the League of Nations on 18 April 1946, the Court ceased to exist, being
replaced with the International Court of Justice.[50]

After the second round of elections in September 1930,

the Court was reorganised. On 16 January 1931
Mineichir Adachi was appointed President, and Gustavo
Guerrero Vice-President.[34] The United States nally
recognised the Courts jurisdiction, following a long and
drawn out process. President Warren G. Harding had
rst suggested US involvement in 1923, and on 9 December 1929, three court protocols were signed. On
10 December 1930, these were presented to the United
States Senate, which postponed ratifying them on 16 December 1931 pending the discussion of pressing domestic business.[35] The United States nally accepted the
Courts jurisdiction on 28 December 1935, but the treaty
was never ratied,[36] something which Francis Boyle attributes to a strong isolationist element in the US Senate,
arguing that the ineectiveness shown by US nonparticipation in the Court and other international institutions
could be linked to the start of the Second World War.[37] 3.2.1



Main article: Judges of the Permanent Court of Interna-

Growing international tension and tional Justice

dissolution of the court
The Court initially consisted of 11 judges and 4 deputy

1933 was a busy year for the court, which cleared its
20th case (and greatest triumph); the Eastern Greenland Case.[38] This period was marked by growing international tension, however, with Japan and Germany announcing their withdrawal from the League of Nations,
to come into eect in 1935. That did not directly affect the Court, since the protocol accepting Court jurisdiction was separately ratied, but it inuenced whether
a nation would be willing to bring a case before it, as
evidenced by Germanys withdrawal from two pending
cases.[39] 1934, the Courts 13th year, has been in keeping with the traditions associated with that number", with
few cases since the worlds governments were more concerned with the growing international tension.[40] The
Courts business continued to be small in 1935,[41] 1936,

judges, recommended by member states of the League

of Nations to the Secretary General of the League of Nations, who would put them before the Council and Assembly for election. The Council and Assembly were to
bear in mind that the elected panel of judges was to represent every major legal tradition in the League, along
with every major civilization. Each member state was
allowed to recommend 4 potential judges, with a maximum of 2 from its own nation. Judges were elected by
a straight majority vote, held independently in the Council and Assembly.[51] The judges served for a period of
nine years, with their term limits all expiring at the same
time, necessitating a completely new set of elections.[52]
The judges were independent and rid themselves of their
nationality for the purposes of hearing cases, owing allegiance to no individual member state, but it was forbidden


In 1930, the number of judges was increased to 15, and
a new set of elections were held.[58] The election was
held on 25 September 1930, with 14 candidates receiving a majority on the rst ballot and a 15th, Francisco
Jos Urrutia, receiving a majority on the second.[59]
The full court was Urrutia, Mineichiro Adachi, Altamira, Anzilotti, Bustamante, Jonkheer van Eysinga,
Henri Fromageot, Jos Gustavo Guerrero, Cecil Hurst,
Edouard Rolin-Jaequemyns, Frank B. Kellogg, Negulesco, Micha Jan Rostworowski, Walther Schcking and
Wang Ch'ung-hui.[60]

Max Huber, the rst Vice-President and second President of the

Permanent Court of International Justice

to have more than one judge from the same state. As a

sign of their independence from national ties, judges were
given full diplomatic immunity when engaged in Court
business The only requirements for judges were high
moral character and the qualications required in their
respective countries [for] the highest judicial oces or
to be jurisconsults of recognized competence in international law.[53]
The rst panel was elected on 14 September 1921, with
the 4 deputies being elected on the 16th. On the rst vote,
Rafael Altamira y Crevea of Spain, Dionisio Anzilotti
of Italy, Bernard Loder of the Netherlands, Ruy Barbosa of Brazil, Yorozu Oda of Japan, Charles Andre
Weiss of France, Antonio Snchez de Bustamante y
Sirven of Cuba and Lord Finlay of the United Kingdom were elected by a majority vote of both the Council and Assembly on the rst ballot taken. The second ballot elected John Bassett Moore of the United
States, and the sixth Didrik Nyholm of Denmark and
Max Huber of Switzerland.[54] As the deputy judges,
Wang Ch'ung-hui of China, Demetre Negulesco of Romania and Michaelo Yovanovich of Yugoslavia were
elected. The Assembly and Council disagreed on the
fourth deputy judge, but Frederik Beichmann of Norway was eventually appointed.[55] Deputy judges were
only substitutes for absent judges and were not aorded
a vote in altering court procedure or contributing at other
times.[56] As such, they were allowed to act as counsel in international cases where they were not sitting as

Judges were paid 15,000 Dutch orins a year, with daily

expenses of 50 orins to pay for living expenses, and an
additional 45,000 orins for the President, who was required to live at The Hague. Travelling expenses were
also provided, and a duty allowance of 100 orins
was provided when the court was sitting, with 150 for
the Vice-President. This duty allowance was limited to
20,000 orins a year for the judges and 30,000 orins for
the Vice-President; as such, it provided for 200 days of
court hearings, with no allowance provided if the court
sat for longer. The deputy judges received no salary but,
when called up for service, were provided with travel expenses, 50 orins a day for living expenses and 150 orins
a day as a duty allowance.[61]

3.2.2 Procedure
Under the Covenant of the League of Nations, all League
members agreed that if there was a dispute between states
they recognize to be suitable for submission to arbitration and which cannot be satisfactorily settled by diplomacy, the matter would be submitted to the Court for arbitration, with suitable disputes being over the interpretation of an international treaty, a question on international
law, the validity of facts, which, if true, would breach international obligations and the nature of any reparations
to be made for breaching international obligations.[62]
The original Statutes of the Court provided that all 11
judges were required to sit in every case. There were
three exceptions: when reviewing Labour Clauses from
a peace treaty such as the Treaty of Versailles (which was
done by a special chamber of 5 judges, appointed every 3 years), when reviewing cases on communications or
transport arising from a peace treaty (which used a similar
procedure) and when hearing summary procedure cases,
which were reviewed by a panel of 3 judges.[63]
To prevent the appearance of any bias in the courts
makeup, if there was a judge belonging to one member
state on the panel and the other member state was not
represented, they had the ability to select an ad hoc
judge of their own nationality to hear the case. In a full
court hearing, that increased the number to 12; in one of
the 5-man chambers, the new judge took the place of one
of the original 5. That did not apply to summary proce-



dure cases.[64] The ad hoc judge, selected by the member state, was expected to full all the requirements of
a normal judge; the President of the Court had ultimate
discretion over whether to authorise him to sit.[65] The
Court was mandated to open on 15 June each year and
continue until all cases were nished, with extraordinary
sessions if required; by 1927, there were more extraordinary sessions than ordinary ones.[66] The Courts business being conducted in English and French as ocial
languages, and hearings were public unless it was otherwise specied.[67]
After receiving les in a case calculated to lead to a
judgment, the judges would exchange their views informally on the salient legal points of the case, and a time
limit for producing a judgment would then be set. Then,
each judge would write an anonymous summary containing his opinion; the opinions would be circulated among
the Court for 2 or 3 days before the President drafted a
judgment containing a summary of those submitted by
individual judges. The Court would then agree on the
decision that they wished to reach, along with the main
points of argument they wished to use. Once this was
done, a Committee of 4, including the President, the Registrar and two judges elected by secret ballot, drafted a
nal judgment, which was then voted on by the entire
Court.[68] Once a nal judgment was set, it was given to
the public and the press.[69] Every judgment contained
the reasons behind the decision and the judges assenting;
dissenting judges were allowed to deliver their own judgment, with all judgments read in open court before the
agents of the parties to the dispute. Judgments could not
be revised except on the discovery of some fact unknown
when the Court sat but not if the fact was known but not
discussed because of negligence.[70]
The Court also issued "advisory opinions", which arose
from Article 14 of the Covenant creating the Court,
which provided, The Court may also give an advisory
opinion upon any dispute referred to it by the Council or
Assembly. Goodrich interprets that as indicating that
the drafters intended a purely advisory capacity for the
Court, not a binding one. Manley Ottmer Hudson (who
sat as a judge) said that an advisory opinion was what it
purported to be. It is advisory. It is not in any sense a
judgement... hence it is not in any way binding on any
state, but Charles De Visscher argued that in certain
situations, an advisory opinion could be binding on the
League of Nations Council and, under certain circumstances, some states; M. Politis agreed, saying that the
Courts advisory opinions were equivalent to a binding
judgment.[71] In 1927, the Court appointed a committee
to look at this issue, and it reported that where there are
in fact contending parties, the dierence between contentious cases and advisory cases is only nominal... so the
view that advisory opinions are not binding is more theoretical than real.[72] In practice, advisory opinions were
usually followed, mostly due to the fear that if this revolutionary international courts decisions were not fol-

lowed, it would undermine its authority.[73] The court retained the discretion to avoid giving an advisory opinion,
which it used on occasion.[74]

3.2.3 Registrar and Registry

Other than the judges, the Court also included a Registrar
and his Secretariat, the Registry.[75] When the Court met
for its initial session, opened on 30 January 1922 to allow
for the establishment of procedure and the appointment
of Court ocials, the Secretary-General of the League
of Nations passed an emergency resolution through the
Assembly, which designated an ocial of the League
and his sta as the Registrar and Registry respectively,[76]
with the rst Registrar being ke Hammarskjld.[77] The
Registrar, required to reside within The Hague,[78] was
initially tasked with drawing up a plan to create an ecient Secretariat, using the smallest number of sta possible and costing as little as possible. As a result, he decided
to have each member of the Secretariat as the head of a
particular Department, so the numbers of actual employees could be increased or decreased as necessary without
impacting on the actual Registry. In 1927, the post of
Deputy-Registrar was created, tasked with dealing with
legal research for the Court and answering all diplomatic
correspondence received by the Registry.[79]
The rst Deputy-Registrar was Paul Ruegger; after his
resignation on 17 August 1928, Julio Lopez Olivan was
selected to succeed him.[80] Olivan resigned in 1931 to
take over from Hammarskjld as Registrar,[81] and was
replaced by M. L. J. H. Jorstad.[82]
The three principal ocers of the Registry, after the Registrar and Deputy-Registrar, were the three Editing Secretaries. The rst Editing Secretary, known as the Drafting Secretary, was tasked with drafting the Courts publications (including the Condential Bulletin, a document
exclusively received by judges of the court) and Sections
D and E of the ocial journal, comprising the legislative clauses conferring jurisdiction on the Court and the
Courts Annual Report.[83] The second Editing Secretary,
known as the Oral Secretary, was mainly responsible for
the oral interpretation and translation of the Courts discussions. For public hearings, he was assisted by interpreters, but for private meetings, only he, the Registrar
and the Deputy-Registrar were admitted. As a result of
this duty, the Oral Secretary was also tasked with writing
Section C of the ocial journal, which comprised the
oral interpretations of Court minutes, along with cases
and questions put before the court.[84] The third Secretary, known as the Written Secretary, was tasked with the
written translations of the Courts business, which were
both numerous and voluminous. He was assisted in this
by the other Secretaries and by translators for languages
not his own; all Secretaries were expected to speak English and French uently and to have working knowledge
of German and Spanish.[85]

3.3. CASES


The Registry was split into several Departments; the

Diversion of Water from the Meuse Case 1937
Archives, the Accounting and Establishment, the Print Phosphates in Morocco case 1938
ing Service and the Copying Department. The Archives
included a distribution service for the Courts documents
Panevezys-Saldutiskis Railway case 1939
and the legal texts used by the Court itself and was described as one of the most dicult departments to organ Electricity Company of Soa and Bulgaria case
ise. The Accounting and Establishment Department dealt
with the requests for and allocation of the Courts yearly
Socit Commerciale de Belgique 1939
budget, which was drawn up by the Registrar, approved
by the Court and submitted to the League of Nations.
Interpretation of the Treaty of Neuilly Case,
The Printing Department, run from a single printing plant
in Leiden, was created to allow the circulation of the
Courts publishings.[87] The Copying Department com- 3.3.2 Advisories
prised shorthand, typing and copying services, and included secretaries for the Registrar and judges, emer Status of Eastern Carelia Question 1923
gency reporters capable of taking notes down verbatim
Nationality Decrees Issued in Tunis and
and copyists; the smallest of the departments, it comMorocco1923
prised between 12 and 40 sta depending on the business
of the Court.[88]
German Settlers in Poland 1923

3.3 Cases


S.S. Wimbledon case 1923

Mavrommatis Palestine Concessions 1924
Mavrommatis Jerusalem Concessions 1925
Certain German Interests in Polish Upper Silesia
Factory at Chorzw case 1927

Jaworzina 1923
Monastery of Saint-Naoum Question 1924
Exchange of Greek and Turkish Populations Question 1925
Polish Postal Service in Danzig Question 1925
the Expulsion of the Ecumenical Patriarch Question,
the Treaty of Lausanne Question
Competence of the ILO to Regulate Incidentally the
Personal Work of the Employer 1926

The Lotus case 1927

Jurisdiction of the European Commission of the


Rights of Minorities in Upper Silesia (Minority

Schools) 1928

Jurisdiction of the Courts of Danzig Case 1928

Free Zones of Upper Savoy and the District of Gex

(France v Switzerland)
Brazilian Loans case 1929

Greco-Bulgarian Communities Question 1930

Interpretation of the Greco-Turkish Agreement

Serbian Loans case 1929

Access to German Minority Schools in Upper Silesia


Territorial Jurisdiction of the International Commission of the Oder River Case [1929],

Customs Regime between Germany and Austria

Question 1931

Legal Status of the South-Eastern Territory of

Greenland 1932

Railway Trac between Lithuania and Poland

Question 1931

Lighthouses case between France and Greece 1934

Interpretation of the Greco-Bulgarian Agreement


Borchgrave case
Oscar Chinn case 1934
Minority Schools in Albania case 1935
Losinger case 1936

Free Zones of Upper Savoy and the District of Gex

Interpretation of the Convention of 1919 concerning
Employment of Women during the Night 1932



3.4 Jurisdiction

3.6 References
[1] Hudson (1922) p.245

The Courts jurisdiction was largely optional, but there

were some situations in which they had compulsory ju- [2] Scott (1920) p.581
risdiction, and states were required to refer cases to
them. That came from three sources: the Optional Clause [3] Hudson (1922) p.246
of the League of Nations, general international conven- [4] Hudson (1922) p.247
tions and special bipartite international treaties.[89] The
Optional Clause was a clause attached to the protocol es- [5] Scott (1920) p.582
tablishing the court and required all signatories to refer
[6] Text in League of Nations Treaty Series, vol. 6, pp. 380certain classes of dispute to the court, with compulsory
judgments resulting. There were approximately 30 international conventions under which the Court had similar [7] Hudson (January 1923) p.15
jurisdiction, including the Treaty of Versailles, the Air
Navigation Convention, the Treaty of St. Germain and [8] Hudson (1925) p.49
all mandates signed by the League of Nations.[90] It was [9] Hudson (January 1923) p.16
also foreseen that there would be clauses inserted in bipartite international treaties, which would allow the re- [10] Hammarskjold (1923) p.704
ferral of disputes to the Court; that occurred, with such
[11] Hudson (January 1923) p.19
provisions found in treaties between Czechoslovakia and
Austria, and between Czechoslovakia and Poland.[91]
[12] Hudson (January 1923) p.27
Throughout its existence, the Court widened its jurisdiction as much as possible. Strictly speaking, the Courts jurisdiction was only for disputes between states, but it regularly accepted disputes that were between a state and an
individual if a second state brought the individuals case
to the Court. It argued that the second state assertsled its
rights, and the cases therefore became one between two

[13] Hudson (January 1923) p.28

The proviso that the Court was for disputes that could
not be satisfactorily settled by diplomacy never made
it require evidence that diplomatic discussions had been
attempted before bringing the case. In the Loan Cases,
it asserted jurisdiction despite the fact that there was
no alleged breach of international law, and it could not
be shown that there was any international element to
the claim. The Court justied itself by saying that the
Covenant of the League of Nations allowed it to have jurisdiction in cases over the existence of any fact which,
if established, would constitute a breach of international
obligations and argued that since the fact may be of any
kind, it had jurisdiction if the dispute is one of municipal law. It had been long established that municipal law
may be considered as a side point to a dispute over international law, but the Loan Cases discussed municipal law
without the application of any international points.[93]

[18] Hudson (1925) p.48

[14] Hudson (1924) p.1

[15] Hudson (1924) p.2
[16] Hudson (1924) p.33
[17] Hudson (1925) p.55

[19] Hudson (1925) p.57

[20] Hudson (1925) p.58
[21] Hudson (1926) p.6
[22] Hudson (1926) p.19
[23] Hudson (1927) p.26
[24] Hudson (1927) p.27
[25] Hudson (1927) p.30
[26] Hudson (1928) p.1
[27] Hudson (1928) p.10
[28] Hudson (1928) p.21
[29] Hudson (1928) p.22
[30] Hudson (1928) p.26

3.5 See also

[31] Hudson (1929) p.28

[32] Hudson (Jan 1930) p.38

Commissions of the Danube River

[33] Hudson (Jan 1930) p.39

[34] Hudson (1932) p.1

Permanent Court of International Justice cases

[35] Hudson (1932) p.30



[36] Signature and Ratication of the Protocol of the Permanent Court of International Justice (PCIJ) Member
States. Archives of the League of Nations. Retrieved
22 January 2010.

[72] Goodrich (1938) p.739

[37] Boyle (1985) p.54

[75] Hammarskjold (1927) p. 329

[38] Hudson (1933) p.1

[76] Hammarskjold (1927) p. 340

[39] Hudson (1934) p.18

[77] Hudson (January 1923) p. 17

[40] Hudson (1935) p.1

[78] Bustamante (1923) p. 132

[41] Hudson (January 1936) p.1

[79] Hammarskjold (1927) p. 341

[42] Hudson (1939) p.1

[80] Hudson (1929) p.29

[43] Hudson (1940) p.1

[81] Hudson (1937) p. 15

[44] Hudson (1938) p.1

[82] Hudson (1932) p. 2

[45] Hudson (1941) p.1

[83] Hammarskjold (1927) p. 342

[46] Hudson (1941) p.2

[84] Hammarskjold (1927) p. 343

[47] Hudson (1945) p.1

[85] Hammarskjold (1927) p. 344

[48] Hudson (1957) p.570

[86] Hammarskjold (1927) p. 345

[49] Hudson (1957) p.571

[87] Hammarskjold (1927) p. 347

[50] Hudson (1957) p.569

[88] Hammarskjold (1927) p. 350

[51] Scott (1921) p.556

[89] Hudson (July 1923) p.121

[52] Hudson (1930) p.719

[90] Hudson (January 1923) p.24

[53] Moore (1922) p.504

[91] Hudson (July 1923) p.122

[54] Scott (1921) p.557

[92] Jacoby (1936) p.234

[55] Scott (1921) p.558

[93] Jacoby (1936) p.237

[73] Goodrich (1938) p.740

[74] Hammarskjold (1927) p.338

[56] Moore (1922) p.508

[57] Moore (1922) p.509
[58] Hudson (1931) p.21
[59] Hudson (1931) p.22
[60] Hudson (1931) p.23
[61] Moore (1922) p.506
[62] Moore (1922) p.500
[63] Moore (1922) p.501
[64] Moore (1922) p.506
[65] Hill (1931) p.673
[66] Hammarskjold (1927) p.328
[67] Moore (1922) p.507
[68] Hammarskjold (1927) p.330
[69] Hammarskjold (1927) p.334
[70] Hammarskjold (1927) p.331
[71] Goodrich (1938) p.738

3.7 Bibliography
Boyle, Francis Anthony (1985). World politics and
international law. Duke University Press. ISBN
Bustamante Y Sirven, Antonio S. de (1923). The
Permanent Court of International Justice. Minnesota Law Review (University of Minnesota Law
School) (9). ISSN 0026-5535.
Goodrich, Leland M. (1938). The Nature of the
Advisory Opinions of the Permanent Court of International Justice. The American Journal of International Law (American Society of International
Law) 32 (4). ISSN 0002-9300.
Hammarskjold, A. (1927). Sidelights on the Permanent Court of International Justice. Harvard
Law Review 25 (4). ISSN 0026-2234.
Hammarskjold, A. (1923). The Early Work of the
Permanent Court of International Justice. Michigan Law Review 36 (6). ISSN 0017-811X.



Hill, Norman L. (1931). National Judges in the

Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 25 (4). ISSN 00029300.

Hudson, Manley O. (1930). The Election of Members of the Permanent Court of International Justice. The American Journal of International Law
(American Society of International Law) 25 (4).
ISSN 0002-9300.

Hudson, Manley O. (1922). The Permanent Court

of International Justice. Harvard Law Review 35
(3). ISSN 0026-2234.

Hudson, Manley O. (1931). The Ninth Year of

the Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 25 (1). ISSN 00029300.

Hudson, Manley O. (January 1923). The First Year

of the Permanent Court of International Justice.
Harvard Law Review 17 (1). ISSN 0017-811X.
Hudson, Manley O. (July 1923). The Work and
the Jurisdiction of the Permanent Court of International Justice. Proceedings of the Academy of Political Science in the City of New York (Academy of
Political Science) 10 (3). ISSN 1548-7237.
Hudson, Manley O. (1924). The Second Year of
the Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 18 (1). ISSN 00029300.
Hudson, Manley O. (1925). The Third Year of
the Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 19 (1). ISSN 00029300.
Hudson, Manley O. (1926). The Fourth Year of
the Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 20 (1). ISSN 00029300.
Hudson, Manley O. (1927). The Fifth Year of
the Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 21 (1). ISSN 00029300.
Hudson, Manley O. (1928). The Sixth Year of
the Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 22 (1). ISSN 00029300.
Hudson, Manley O. (1929). The Seventh Year of
the Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 23 (1). ISSN 00029300.
Hudson, Manley O. (Jan 1930). The Eighth Year
of the Permanent Court of International Justice.
The American Journal of International Law (American Society of International Law) 24 (1). ISSN

Hudson, Manley O. (1932). The Tenth Year of

the Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 26 (1). ISSN 00029300.
Hudson, Manley O. (1933). The Eleventh Year of
the Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 27 (1). ISSN 00029300.
Hudson, Manley O. (1934). The Twelfth Year of
the Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 28 (1). ISSN 00029300.
Hudson, Manley O. (1935). The Thirteenth Year
of the Permanent Court of International Justice.
The American Journal of International Law (American Society of International Law) 29 (1). ISSN
Hudson, Manley O. (January 1936). The Fourteenth Year of the Permanent Court of International
Justice. The American Journal of International
Law (American Society of International Law) 30
(1). ISSN 0002-9300.
Jacoby, Sidney B. (1936). Some Aspects of the Jurisdiction of the Permanent Court of International
Justice. The American Journal of International
Law (American Society of International Law) 30
(2). ISSN 0002-9300.
Hudson, Manley O. (1937). The Fifteenth Year of
the Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 31 (1). ISSN 00029300.
Hudson, Manley O. (1938). The Sixteenth Year of
the Permanent Court of International Justice. The
American Journal of International Law (American
Society of International Law) 32 (1). ISSN 00029300.
Hudson, Manley O. (1939). The Seventeenth Year
of the Permanent Court of International Justice.


The American Journal of International Law (American Society of International Law) 33 (1). ISSN
Hudson, Manley O. (1940). The Eighteenth Year
of the Permanent Court of International Justice.
The American Journal of International Law (American Society of International Law) 34 (1). ISSN
Hudson, Manley O. (1941). The Nineteenth Year
of the Permanent Court of International Justice.
The American Journal of International Law (American Society of International Law) 35 (1). ISSN
Hudson, Manley O. (1945). The Twenty-Third
Year of the Permanent Court of International Justice. The American Journal of International Law
(American Society of International Law) 36 (1).
ISSN 0002-9300.
Hudson, Manley O. (1957). The Succession of
the International Court of Justice to the Permanent
Court of International. The American Journal of
International Law (American Society of International Law) 51 (3). ISSN 0002-9300.
Moore, John Bassett (1922). The Organization
of the Permanent Court of International Justice.
Columbia Law Review (Columbia Law School) 22
(6). ISSN 0010-1958.
Scott, James Brown (1920). A Permanent Court of
International Justice. The American Journal of International Law (American Society of International
Law) 14 (4). ISSN 0002-9300.
Scott, James Brown (1921). The Election of
Judges for the Permanent Court of International Justice. The American Journal of International Law
(American Society of International Law) 15 (4).
ISSN 0002-9300.
World Peace Foundation (1925). World Peace
Foundation pamphlet series (World Peace Foundation) 580. OCLC 426522229. Missing or empty
|title= (help)

3.8 External links

Permanent Court of International Justice (PCIJ)
1922-1946 Judgments, Advisory Opinions and Orders in PDF
Decisions of the World Court Relevant to the
UNCLOS (2010) and Contents & Indexes
Searchable text of Judgments, Advisory Opinions
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Chapter 4

United Nations
For a list of United Nations member states, see Member tive since 1994). UN System agencies include the World
states of the United Nations. For other uses, see United Bank Group, the World Health Organization, the World
Nations (disambiguation) and UN (disambiguation).
Food Programme, UNESCO, and UNICEF. The UNs
most prominent ocer is the Secretary-General, an oce
The United Nations (UN) is an intergovernmental or- held by South Korean Ban Ki-moon since 2007. Nongovernmental organizations may be granted consultative
ganization to promote international co-operation. A replacement for the ineective League of Nations, the status with ECOSOC and other agencies to participate in
the UNs work.
organization was established on 24 October 1945 after World War II in order to prevent another such con- The organization won the Nobel Peace Prize in 2001,
ict. At its founding, the UN had 51 member states; and a number of its ocers and agencies have also been
there are now 193. The headquarters of the United Na- awarded the prize. Other evaluations of the UNs eections is in Manhattan, New York City, and experiences tiveness have been mixed. Some commentators believe
extraterritoriality. Further main oces are situated in the organization to be an important force for peace and
Geneva, Nairobi, and Vienna. The organization is - human development, while others have called the organinanced by assessed and voluntary contributions from its zation ineective, corrupt, or biased.
member states. Its objectives include maintaining international peace and security, promoting human rights, fostering social and economic development, protecting the
environment, and providing humanitarian aid in cases of 4.1 History
famine, natural disaster, and armed conict.
Main article: History of the United Nations
The United Nations Charter was drafted at a conference
in AprilJune 1945; this charter took eect 24 October
1945, and the UN began operation. The UNs mission to
preserve world peace was complicated in its early decades
by the Cold War between the US and Soviet Union and 4.1.1 Background
their respective allies. The organization participated in
major actions in Korea and the Congo, as well as ap- In the century prior to the UNs creation, several interproving the creation of the state of Israel in 1947. The national treaty organizations and conferences had been
organizations membership grew signicantly following formed to regulate conicts between nations, such as the
widespread decolonization in the 1960s, and by the 1970s International Committee of the Red Cross and the Hague
its budget for economic and social development pro- Conventions of 1899 and 1907. Following the catasgrammes far outstripped its spending on peacekeeping. trophic loss of life in the First World War, the Paris Peace
After the end of the Cold War, the UN took on major Conference established the League of Nations to main[4]
military and peacekeeping missions across the world with tain harmony between countries. This organization resolved some territorial disputes and created international
varying degrees of success.
structures for areas such as postal mail, aviation, and
The UN has six principal organs: the General Assembly opium control, some of which would later be absorbed
(the main deliberative assembly); the Security Council into the UN.[5] However, the League lacked representa(for deciding certain resolutions for peace and security); tion for colonial peoples (then half the worlds population)
the Economic and Social Council (ECOSOC) (for pro- and signicant participation from several major powers,
moting international economic and social co-operation including the US, USSR, Germany, and Japan; it failed to
and development); the Secretariat (for providing stud- act against the Japanese invasion of Manchuria in 1931,
ies, information, and facilities needed by the UN); the the Second Italo-Ethiopian War in 1935, the Japanese inInternational Court of Justice (the primary judicial or- vasion of China in 1937, and German expansions under
gan); and the United Nations Trusteeship Council (inac- Adolf Hitler that culminated in the Second World War.[6]


1943 sketch by Franklin Roosevelt of the United Nations original

three branches: The Four Policemen, an executive branch, and
an international assembly of forty UN member states.


1942 Declaration of United Nations by the Allies of World War II

Main article: Declaration by United Nations

The earliest concrete plan for a new world organization began under the aegis of the US State Department in 1939.[7] The text of the Declaration by United
Nations was drafted by President Franklin Roosevelt,
British Prime Minister Winston Churchill, and Roosevelt aide Harry Hopkins, while meeting at the White
House, 29 December 1941. It incorporated Soviet suggestions, but left no role for France. "Four Policemen"
was coined to refer four major Allied countries, United
States, United Kingdom, Soviet Union, and China, which
was emerged in Declaration by United Nations.[8] Roosevelt rst coined the term United Nations to describe the
Allied countries.[lower-alpha 3] On New Years Day 1942,
President Roosevelt, Prime Minister Churchill, Maxim
Litvinov, of the USSR, and T. V. Soong, of China,
signed a short document which later came to be known
as the United Nations Declaration and the next day the
representatives of twenty-two other nations added their
signatures.[9] The term United Nations was rst ocially
used when 26 governments signed this Declaration. One
major change from the Atlantic Charter was the addition of a provision for religious freedom, which Stalin approved after Roosevelt insisted.[10][11] By 1 March 1945,
21 additional states had signed.[12]

The Governments signatory hereto,
Having subscribed to a common program of
purposes and principles embodied in the Joint
Declaration of the President of the United
States of America and the Prime Minister of
Great Britain dated August 14, 1941, known
as the Atlantic Charter,
Being convinced that complete victory over
their enemies is essential to defend life, liberty,
independence and religious freedom, and to
preserve human rights and justice in their own
lands as well as in other lands, and that they
are now engaged in a common struggle against
savage and brutal forces seeking to subjugate
the world,
(1) Each Government pledges itself to employ
its full resources, military or economic, against
those members of the Tripartite Pact and its
adherents with which such government is at
(2) Each Government pledges itself to cooperate with the Governments signatory hereto
and not to make a separate armistice or peace
with the enemies.
The foregoing declaration may be adhered
to by other nations which are, or which
may be, rendering material assistance and
contributions in the struggle for victory over
During the war, the United Nations became the ocial
term for the Allies. To join countries had to sign the Declaration and declare war on the Axis.[14]

4.1.3 Founding the UN 1945

The United Nations was formulated and negotiated
among the delegations from the Soviet Union, the UK,
the US and China at the Dumbarton Oaks Conference in
1944.[15][16] After months of planning, the UN Conference on International Organization opened in San Francisco, 25 April 1945, attended by 50 governments and
a number of non-governmental organizations involved
in drafting the United Nations Charter. The heads of



The UN in 1945. In light blue, the founding members. In dark

blue, protectorates and territories of the founding members.

the delegations of the sponsoring countries took turns as

chairman of the plenary meetings: Anthony Eden, of
Britain, Edward Stettinius, of the United States, T. V.
Soong, of China, and Vyacheslav Molotov, of the Soviet Union. At the later meetings, Lord Halifax deputized for Mr. Eden, Wellington Koo for T. V. Soong, and
Mr Gromyko for Mr. Molotov.[17] The UN ocially
came into existence 24 October 1945, upon ratication
of the Charter by the ve permanent members of the Security CouncilFrance, the Republic of China, the Soviet Union, the UK and the USand by a majority of the
other 46 signatories.[18]
The rst meetings of the General Assembly, with 51
nations represented,[lower-alpha 4] and the Security Council took place in London beginning 6 January 1946.[18]
The General Assembly selected New York City as the
site for the headquarters of the United Nations, and the
facility was completed in 1952. Its sitelike UN headquarters buildings in Geneva, Vienna, and Nairobiis
designated as international territory.[21] The Norwegian
Foreign Minister, Trygve Lie, was elected as the rst UN


Cold War era

Dag Hammarskjld was a particularly active Secretary-General

from 1953 until his death in 1961.

public of the Congo by 1964.[26] While travelling to meet

with rebel leader Moise Tshombe during the conict, Dag
Hammarskjld, often named as one of the UNs most
eective Secretaries-General,[27] died in a plane crash;
months later he was posthumously awarded the Nobel
Peace Prize.[28] In 1964, Hammarskjlds successor, U
Thant, deployed the United Nations Peacekeeping Force
in Cyprus, which would become one of the UNs longestrunning peacekeeping missions.[29]

With the spread of decolonization in the 1960s, the organizations membership saw an inux of newly independent nations. In 1960 alone, 17 new states joined the
UN, 16 of them from Africa.[18] On 25 October 1971,
with opposition from the United States, but with the support of many Third World nations, the mainland, communist Peoples Republic of China was given the Chinese
seat on the Security Council in place of the Republic of
China that occupied Taiwan; the vote was widely seen as a
sign of waning US inuence in the organization.[30] Third
World nations organized into the Group of 77 coalition
under the leadership of Algeria, which briey became
a dominant power at the UN.[31] In 1975, a bloc comprising the USSR and Third World nations passed a resolution, over strenuous US and Israeli opposition, declaring Zionism to be racism; the resolution was repealed in
In 1960, the UN deployed United Nations Operation 1991, shortly after the end of the Cold War.
in the Congo (UNOC), the largest military force of its With an increasing Third World presence and the failure
early decades, to bring order to the breakaway State of of UN mediation in conicts in the Middle East, Vietnam,
Katanga, restoring it to the control of the Democratic Re- and Kashmir, the UN increasingly shifted its attention to
Though the UNs primary mandate was peacekeeping,
the division between the US and USSR often paralysed
the organization, generally allowing it to intervene only in
conicts distant from the Cold War.[22] (A notable exception was a Security Council resolution in 1950 authorizing
a US-led coalition to repel the North Korean invasion of
South Korea, passed in the absence of the USSR.)[18][23]
In 1947, the General Assembly approved a resolution to
partition Palestine, approving the creation of the state of
Israel. Two years later, Ralph Bunche, a UN ocial, negotiated an armistice to the resulting conict.[24] In 1956,
the rst UN peacekeeping force was established to end
the Suez Crisis;[18] however, the UN was unable to intervene against the USSRs simultaneous invasion of Hungary following that countrys revolution.[25]

its ostensibly secondary goals of economic development
and cultural exchange.[33] By the 1970s, the UN budget
for social and economic development was far greater than
its peacekeeping budget.


Post-Cold War

for its indecisive and confused mission in the face of ethnic cleansing.[41] In 1994, the United Nations Assistance
Mission for Rwanda failed to intervene in the Rwandan
Genocide amid indecision in the Security Council.[42]
Beginning in the last decades of the Cold War, American
and European critics of the UN condemned the organization for perceived mismanagement and corruption.[43]
In 1984, the US President, Ronald Reagan, withdrew
his nations funding from UNESCO (the United Nations Educational, Scientic and Cultural Organization,
founded 1946) over allegations of mismanagement, followed by Britain and Singapore.[44][45] Boutros BoutrosGhali, Secretary-General from 1992 to 1996, initiated a
reform of the Secretariat, reducing the size of the organization somewhat.[46][47] His successor, Ko Annan
(19972006), initiated further management reforms in
the face of threats from the United States to withhold its
UN dues.[47]

In the late 1990s and 2000s, international interventions

authorized by the UN took a wider variety of forms.
The UN mission in the Sierra Leone Civil War of 1991
2002 was supplemented by British Royal Marines, and
the invasion of Afghanistan in 2001 was overseen by
NATO.[48] In 2003, the United States invaded Iraq despite failing to pass a UN Security Council resolution
for authorization, prompting a new round of questioning
of the organizations eectiveness.[49] Under the current
Secretary-General, Ban Ki-moon, the UN has intervened
with peacekeepers in crises including the War in Darfur
in Sudan and the Kivu conict in the Democratic Republic of Congo and sent observers and chemical weapons
inspectors to the Syrian Civil War.[50] In 2013, an internal review of UN actions in the nal battles of the Sri
Ko Annan, Secretary-General from 1997 to 2006
Lankan Civil War in 2009 concluded that the organiza[51]
After the Cold War, the UN saw a radical expansion in its tion had suered systemic failure. One hundred and
peacekeeping duties, taking on more missions in ten years one UN personnel died in the 2010 Haiti earthquake,
than it had in the previous four decades. Between 1988
and 2000, the number of adopted Security Council resolutions more than doubled, and the peacekeeping budget
increased more than tenfold.[35][36] The UN negotiated 4.2 Structure
an end to the Salvadoran Civil War, launched a successful peacekeeping mission in Namibia, and oversaw demoMain article: United Nations System
cratic elections in post-apartheid South Africa and post[37]
Khmer Rouge Cambodia.
In 1991, the UN authorized a US-led coalition that repulsed the Iraqi invasion The United Nations system is based on ve princiof Kuwait.[38] Brian Urquhart, Under-Secretary-General pal organs: the General Assembly, the Security Counfrom 1971 to 1985, later described the hopes raised by cil, the Economic and Social Council (ECOSOC), the
these successes as a false renaissance for the organiza- Secretariat, and the International Court of Justice.[52] A
tion, given the more troubled missions that followed.[39] sixth principal organ, the Trusteeship Council, suspended
of Palau, the
Though the UN Charter had been written primarily to operations in 1994, upon the independence
prevent aggression by one nation against another, in the
early 1990s the UN faced a number of simultaneous, serious crises within nations such as Somalia, Haiti, Mozambique, and the former Yugoslavia.[40] The UN mission in
Somalia was widely viewed as a failure after the US withdrawal following casualties in the Battle of Mogadishu,
and the UN mission to Bosnia faced worldwide ridicule

Four of the ve principal organs are located at the main

UN Headquarters in New York City.[54] The International Court of Justice is located in The Hague, while
other major agencies are based in the UN oces at
Geneva,[55] Vienna,[56] and Nairobi.[57] Other UN institutions are located throughout the world. The six ocial



languages of the United Nations, used in intergovernmental meetings and documents, are Arabic, Chinese, English, French, Russian, and Spanish.[58] On the basis of
the Convention on the Privileges and Immunities of the
United Nations, the UN and its agencies are immune from
the laws of the countries where they operate, safeguarding
the UNs impartiality with regard to the host and member
Below the six organs sit, in the words of the author Linda
Fasulo, an amazing collection of entities and organizations, some of which are actually older than the UN itself and operate with almost complete independence from
it.[60] These include specialized agencies, research and
training institutions, programmes and funds, and other
UN entities.[61]

member states on a rotating regional basis, and 21 vicepresidents.[68] The rst session convened 10 January 1946
in the Methodist Central Hall Westminster in London and
included representatives of 51 nations.[18]
When the General Assembly votes on important questions, a two-thirds majority of those present and voting is
required. Examples of important questions include recommendations on peace and security; election of members to organs; admission, suspension, and expulsion of
members; and budgetary matters.[69] All other questions
are decided by a majority vote. Each member country has
one vote. Apart from approval of budgetary matters, resolutions are not binding on the members. The Assembly
may make recommendations on any matters within the
scope of the UN, except matters of peace and security
that are under consideration by the Security Council.[67]

The United Nations obey the Noblemaire principle, which

is binding on any organisation that belongs to the united Draft resolutions can be forwarded to the General Assemnations system. This principle calls for salaries that will bly by eight committees:[70]
draw and keep citizens of countries where salaries are
highest, and also calls for equal pay for work of equal
General Committee a supervisory committee convalue independent of the employees nationality.[62][63]
sisting of the assemblys president, vice-president,
Sta salaries are subject to an internal tax that is adminand committee heads
istered by the UN organizations.[62][64][65]
Credentials Committee responsible for determinPrincipal organs of the United Nations [66]
ing the credentials of each member nations UN representatives
First Committee (Disarmament and International


Second Committee (Economic and Financial)


Third Committee (Social, Humanitarian, and Cultural)

General Assembly

Main article: United Nations General Assembly

The General Assembly is the main deliberative assembly

Fourth Committee (Special Political and Decolonization)

Fifth Committee (Administrative and Budgetary)
Sixth Committee (Legal)

4.2.2 Security Council

Mikhail Gorbachev, Soviet general secretary, addresses the UN

General Assembly in December 1988.

of the United Nations. Composed of all United Nations

member states, the assembly meets in regular yearly sessions, but emergency sessions can also be called.[67] The
assembly is led by a president, elected from among the

Main article: United Nations Security Council

The Security Council is charged with maintaining peace
and security among countries. While other organs of
the United Nations can only make recommendations
to member states, the Security Council has the power to
make binding decisions that member states have agreed
to carry out, under the terms of Charter Article 25.[71]
The decisions of the Council are known as United Nations Security Council resolutions.[72]
The Security Council is made up of fteen member states, consisting of ve permanent members
China, France, Russia, the United Kingdom, and
the United Statesand ten non-permanent members
Angola (term ends 2016), Chad (2015), Chile (2015),
Jordan (2015), Lithuania (2015), Malaysia (2016), New



Colin Powell, the US Secretary of State, demonstrates a vial with

alleged Iraqi chemical weapon probes to the UN Security Council
on Iraq war hearings, 5 February 2003

Zealand (2016), Nigeria (2015), Spain (2016), and

Venezuela (2016).[73] The ve permanent members hold
veto power over UN resolutions, allowing a permanent
member to block adoption of a resolution, though not debate. The ten temporary seats are held for two-year terms,
with member states voted in by the General Assembly on
a regional basis.[74] The presidency of the Security Council rotates alphabetically each month.[75]

The current Secretary-General, Ban Ki-moon

years it has become accepted that the post shall be held

for one or two terms of ve years, that the post shall be
appointed on the basis of geographical rotation, and that
the Secretary-General shall not originate from one of the
ve permanent Security Council member states.[82] The
current Secretary-General is Ban Ki-moon, who replaced
4.2.3 Secretariat
Ko Annan in 2007 and was elected for a second term to
Main articles: United Nations Secretariat and Secretary- conclude at the end of 2016.
General of the United Nations

4.2.4 International Court of Justice

The UN Secretariat is headed by the SecretaryGeneral, assisted by a sta of international civil servants Main article: International Court of Justice
worldwide.[76] It provides studies, information, and fa- The International Court of Justice (ICJ), located in The
cilities needed by United Nations bodies for their meetings. It also carries out tasks as directed by the Security
Council, the General Assembly, the Economic and Social
Council, and other UN bodies.[77]
The Secretary-General acts as the de facto spokesperson and leader of the UN. The position is dened in
the UN Charter as the organizations chief administrative ocer.[78] Article 99 of the charter states that the
Secretary-General can bring to the Security Councils attention any matter which in his opinion may threaten
the maintenance of international peace and security, a
phrase that Secretaries-General since Trygve Lie have interpreted as giving the position broad scope for action on
the world stage.[79] The oce has evolved into a dual role
The court had ruled that Kosovos unilateral declaration of indeof an administrator of the UN organization and a diplo- pendence from Serbia in 2008 did not violate international law
mat and mediator addressing disputes between member
states and nding consensus to global issues.[80]
Hague, in the Netherlands, is the primary judicial orThe Secretary-General is appointed by the General As- gan of the UN. Established in 1945 by the UN Charsembly, after being recommended by the Security Coun- ter, the Court began work in 1946 as the successor to
cil, where the permanent members have veto power.[81] the Permanent Court of International Justice. The ICJ is
There are no specic criteria for the post, but over the composed of 15 judges who serve 9-year terms and are



appointed by the General Assembly; every sitting judge Bank, and the World Health Organization (WHO). The
must be from a dierent nation.[85][86]
UN performs most of its humanitarian work through
It is based in the Peace Palace in The Hague, sharing the these agencies. Examples include mass vaccination probuilding with the Hague Academy of International Law, a grammes (through WHO), the avoidance of famine and
private centre for the study of international law. The ICJs malnutrition (through the work of the WFP), and the proand displaced people (for example,
primary purpose is to adjudicate disputes among states. tection of vulnerable
The court has heard cases related to war crimes, illegal
state interference, ethnic cleansing, and other issues.[87]
The ICJ can also be called upon by other UN organs to
provide advisory opinions.[85]


Economic and Social Council

Main article:

Main article: Member states of the United Nations

With the addition of South Sudan 14 July 2011,[94]

United Nations Economic and Social

The Economic and Social Council (ECOSOC) assists the

General Assembly in promoting international economic
and social co-operation and development. ECOSOC has
54 members, which are elected by the General Assembly for a three-year term. The president is elected for
a one-year term and chosen amongst the small or middle powers represented on ECOSOC. The council has
one annual meeting in July, held in either New York or
Geneva. Viewed as separate from the specialized bodies it co-ordinates, ECOSOCs functions include information gathering, advising member nations, and making
recommendations.[88][89] Owing to its broad mandate of
co-ordinating many agencies, ECOSOC has at times been
criticized as unfocused or irrelevant.[88][90]
ECOSOCs subsidiary bodies include the United Nations Permanent Forum on Indigenous Issues, which advises UN agencies on issues relating to indigenous peoples; the United Nations Forum on Forests, which coordinates and promotes sustainable forest management;
the United Nations Statistical Commission, which coordinates information-gathering eorts between agencies; and the Commission on Sustainable Development, which co-ordinates eorts between UN agencies and NGOs working toward sustainable development.
ECOSOC may also grant consultative status to nongovernmental organizations;[88] by 2004, more than 2,200
organizations had received this status.[91]


4.3 Membership

Specialized agencies

Main article: List of specialized agencies of the United

The UN Charter stipulates that each primary organ of
the UN can establish various specialized agencies to
fulll its duties.[92] Some best-known agencies are the
International Atomic Energy Agency, the Food and Agriculture Organization, UNESCO (United Nations Educational, Scientic and Cultural Organization), the World

An animation showing the timeline of accession of UN member

states, according to the UN. Antarctica has no government; political control of Western Sahara is in dispute; and the territories
administered by Taiwan and Kosovo are considered by the UN
to be provinces of China and Serbia, respectively.

there are 193 United Nations member states, including all undisputed independent states apart from Vatican
City.[95][lower-alpha 6] The UN Charter outlines the rules for
1. Membership in the United Nations is
open to all other peace-loving states that
accept the obligations contained in the
present Charter and, in the judgment of
the Organization, are able and willing to
carry out these obligations.
2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the
Security Council. Chapter II, Article
In addition, there are two non-member observer states
of the United Nations General Assembly: the Holy See
(which holds sovereignty over Vatican City) and the State
of Palestine.[97] The Cook Islands and Niue, both states in
free association with New Zealand, are full members of
several UN specialized agencies and have had their full
treaty-making capacity recognized by the Secretariat.[98]



Group of 77


Peacekeeping and security


Pakistan (UNMOGIP), included 42 uniformed personnel responsible for monitoring the ceasere in Jammu
and Kashmir. UN peacekeepers with the United Nations
Main article: Group of 77
Truce Supervision Organization (UNTSO) have been stationed in the Middle East since 1948, the longest-running
The Group of 77 at the UN is a loose coalition of deactive peacekeeping mission.[104]
veloping nations, designed to promote its members collective economic interests and create an enhanced joint A study by the RAND Corporation in 2005 found the
negotiating capacity in the United Nations. Seventy- UN to be successful in two out of three peacekeeping
seven nations founded the organization, but by November eorts. It compared eorts at nation-building by the
2013 the organization had since expanded to 133 mem- United Nations to those of the United States, and found
ber countries.[99] The group was founded 15 June 1964 by that seven out of eight UN cases are at peace, as comthe Joint Declaration of the Seventy-Seven Countries pared with four out of eight US cases at peace.[105] Also
issued at the United Nations Conference on Trade and in 2005, the Human Security Report documented a deDevelopment (UNCTAD). The group held its rst major cline in the number of wars, genocides, and human rights
meeting in Algiers in 1967, where it adopted the Charter abuses since the end of the Cold War, and presented eviof Algiers and established the basis for permanent insti- dence, albeit circumstantial, that international activism
mostly spearheaded by the UNhas been the main cause
tutional structures.[100]
of the decline in armed conict in that period.[106] Situations in which the UN has not only acted to keep the
peace but also intervened include the Korean War (1950
4.4 Objectives
53) and the authorization of intervention in Iraq after the
Gulf War (199091).[107]

Main articles: United Nations peacekeeping and List of

United Nations peacekeeping missions
The UN, after approval by the Security Council, sends

UN Buer Zone in Cyprus was established in 1974 following the

Turkish invasion of Cyprus.

Bolivian "Blue Helmet" at an exercise in Chile

peacekeepers to regions where armed conict has recently ceased or paused to enforce the terms of peace
agreements and to discourage combatants from resuming hostilities. Since the UN does not maintain its own
military, peacekeeping forces are voluntarily provided
by member states. These soldiers are sometimes nicknamed Blue Helmets for their distinctive gear.[101][102]
The peacekeeping force as a whole received the Nobel
Peace Prize in 1988.[103]
In September 2013, the UN had peacekeeping soldiers deployed on 15 missions. The largest was the
United Nations Organization Stabilization Mission in the
Democratic Republic of the Congo (MONUSCO), which
included 20,688 uniformed personnel. The smallest,
United Nations Military Observer Group in India and

The UN has also drawn criticism for perceived failures.

In many cases, member states have shown reluctance to
achieve or enforce Security Council resolutions. Disagreements in the Security Council about military action and intervention are seen as having failed to prevent
the Bangladesh genocide in 1971,[108] the Cambodian
genocide in the 1970s,[109] and the Rwandan genocide
in 1994.[110] Similarly, UN inaction is blamed for failing to either prevent the Srebrenica massacre in 1995 or
complete the peacekeeping operations in 199293 during the Somali Civil War.[111] UN peacekeepers have
also been accused of child rape, soliciting prostitutes,
and sexual abuse during various peacekeeping missions
in the Democratic Republic of the Congo,[112] Haiti,[113]
Liberia,[114] Sudan and what is now South Sudan,[115] Burundi, and Ivory Coast.[116] Scientists cited UN peacekeepers from Nepal as the likely source of the 2010
13 Haiti cholera outbreak, which killed more than 8,000



Haitians following the 2010 Haiti earthquake.[117]

In addition to peacekeeping, the UN is also active in
encouraging disarmament. Regulation of armaments
was included in the writing of the UN Charter in 1945
and was envisioned as a way of limiting the use of human and economic resources for their creation.[71] The
advent of nuclear weapons came only weeks after the
signing of the charter, resulting in the rst resolution
of the rst General Assembly meeting calling for specic proposals for the elimination from national armaments of atomic weapons and of all other major
weapons adaptable to mass destruction.[118] The UN
has been involved with arms-limitation treaties, such as
the Outer Space Treaty (1967), the Treaty on the NonProliferation of Nuclear Weapons (1968), the Seabed
Arms Control Treaty (1971), the Biological Weapons
Convention (1972), the Chemical Weapons Convention
(1992), and the Ottawa Treaty (1997), which prohibits
landmines.[119] Three UN bodies oversee arms proliferation issues: the International Atomic Energy Agency, the
Organisation for the Prohibition of Chemical Weapons,
and the Comprehensive Nuclear-Test-Ban Treaty Organization Preparatory Commission.[120]


Human rights

One of the UNs primary purposes is promoting and

encouraging respect for human rights and for fundamental freedoms for all without distinction as to race,
sex, language, or religion, and member states pledge
to undertake joint and separate action to protect these

drafting.[122] The Declaration serves as a common standard of achievement for all peoples and all nations
rather than a legally binding document, but it has become
the basis of two binding treaties, the 1966 International
Covenant on Civil and Political Rights and International
Covenant on Economic, Social and Cultural Rights.[123]
In practice, the UN is unable to take signicant action
against human rights abuses without a Security Council
resolution, though it does substantial work in investigating and reporting abuses.[124]
In 1979, the General Assembly adopted the Convention
on the Elimination of All Forms of Discrimination
against Women, followed by the Convention on the Rights
of the Child in 1989.[125] With the end of the Cold
War, the push for human rights action took on new
impetus.[126] The United Nations Commission on Human
Rights was formed in 1993 to oversee human rights issues
for the UN, following the recommendation of that years
World Conference on Human Rights. Jacques Fomerand,
a scholar of the UN, describes this organizations mandate as broad and vague, with only meager resources
to carry it out.[127] In 2006, it was replaced by a Human
Rights Council consisting of 47 nations.[128] Also in 2006,
the General Assembly passed a Declaration on the Rights
of Indigenous Peoples,[129] and in 2011 it passed its rst
resolution recognizing the rights of LGBT people.[130]
Other UN bodies responsible for womens rights issues
include United Nations Commission on the Status of
Women, a commission of ECOSOC founded in 1946; the
United Nations Development Fund for Women, created
in 1976; and the United Nations International Research
and Training Institute for the Advancement of Women,
founded in 1979.[131] The United Nations Permanent Forum on Indigenous Issues, one of three bodies with a mandate to oversee issues related to indigenous peoples, held
its rst session in 2002.[132]

4.4.3 Economic development and humanitarian assistance

Eleanor Roosevelt with the Universal Declaration of Human

Rights in Spanish, 1949

In 1948, the General Assembly adopted a Universal Declaration of Human Rights, drafted by a committee headed
by Franklin D. Roosevelts widow, Eleanor, and including the French lawyer Ren Cassin. The document proclaims basic civil, political, and economic rights common to all human beings, though its eectiveness toward achieving these ends has been disputed since its

Another primary purpose of the UN is to achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian
character.[121] Numerous bodies have been created to
work towards this goal, primarily under the authority of
the General Assembly and ECOSOC.[134] In 2000, the
192 United Nations member states agreed to achieve eight
Millennium Development Goals by 2015.[135]
The UN Development Programme (UNDP), an organization for grant-based technical assistance founded
in 1945, is one of the leading bodies in the eld of
international development. The organization also publishes the UN Human Development Index, a comparative measure ranking countries by poverty, literacy, education, life expectancy, and other factors.[136][137] The
Food and Agriculture Organization (FAO), also founded



in 1945, promotes agricultural development and food

security.[138] UNICEF (the United Nations Childrens
Fund) was created in 1946 to aid European children after
the Second World War and expanded its mission to provide aid around the world and to uphold the Convention
on the Rights of the Child.[139][140]

by voluntary contributions from governments, corporations, and individuals, though the UNHCRs administrative costs are paid for by the UNs primary budget.[149]

The World Bank Group and International Monetary

Fund (IMF) are independent, specialized agencies and
observers within the UN framework, according to a
1947 agreement. They were initially formed separately
from the UN through the Bretton Woods Agreement in
1944.[141] The World Bank provides loans for international development, while the IMF promotes international economic co-operation and gives emergency loans
to indebted countries.[142]

Since the UNs creation, over 80 colonies have attained independence. The General Assembly adopted
the Declaration on the Granting of Independence to
Colonial Countries and Peoples in 1960 with no votes
against but abstentions from all major colonial powers.
The UN works toward decolonization through groups including the UN Committee on Decolonization, created
in 1962.[150] The committee lists seventeen remaining
Non-Self-Governing Territories, the largest and most
populous of which is Western Sahara.[151]

4.4.4 Other

Beginning with the formation of the UN Environmental

Programme (UNEP) in 1972, the UN has made environmental issues a prominent part of its agenda. A lack of
success in the rst two decades of UN work in this area
led to the 1992 Earth Summit in Rio de Janeiro, Brazil,
which sought to give new impetus to these eorts.[152] In
1988, the UNEP and the World Meteorological Organization (WMO), another UN organization, established
the Intergovernmental Panel on Climate Change, which
assesses and reports on research on global warming.[153]
The UN-sponsored Kyoto Protocol, signed in 1997, set
legally binding emissions reduction targets for ratifying
Three former directors of the Global Smallpox Eradication Programme read the news that smallpox had been globally eradicated, 1980

The World Health Organization (WHO), which focuses

on international health issues and disease eradication,
is another of the UNs largest agencies. In 1980, the
agency announced that the eradication of smallpox had
been completed. In subsequent decades, WHO largely
eradicated polio, river blindness, and leprosy.[143] The
Joint United Nations Programme on HIV/AIDS (UNAIDS), begun in 1996, co-ordinates the organizations
response to the AIDS epidemic.[144] The UN Population
Fund, which also dedicates part of its resources to combating HIV, is the worlds largest source of funding for
reproductive health and family planning services.[145]

The UN also declares and co-ordinates international observances, periods of time to observe issues of international interest or concern. Examples include World Tuberculosis Day, Earth Day, and the International Year of
Deserts and Desertication.[155]

4.5 Funding

The UN is nanced from assessed and voluntary contributions from member states. The General Assembly approves the regular budget and determines the assessment
for each member. This is broadly based on the relative capacity of each country to pay, as measured by its gross national income (GNI), with adjustments for external debt
and low per capita income.[157] The two-year budget for
Along with the International Red Cross and Red Cres- 201213 was $5.512 billion in total.
cent Movement, the UN often takes a leading role in co- The Assembly has established the principle that the UN
ordinating emergency relief.[146] The World Food Pro- should not be unduly dependent on any one member to
gramme (WFP), created in 1961, provides food aid in nance its operations. Thus, there is a ceiling rate, setresponse to famine, natural disasters, and armed con- ting the maximum amount that any member can be asict. The organization reports that it feeds an average sessed for the regular budget. In December 2000, the
of 90 million people in 80 nations each year.[146][147] Assembly revised the scale of assessments in response
The Oce of the United Nations High Commissioner for to pressure from the United States. As part of that reRefugees (UNHCR), established in 1950, works to pro- vision, the regular budget ceiling was reduced from 25%
tect the rights of refugees, asylum seekers, and stateless to 22%.[159] For the least developed countries (LDCs),
people.[148] UNHCR and WFP programmes are funded a ceiling rate of 0.01% is applied.[157] In addition to the



ceiling rates, the minimum amount assessed to any mem- (1950), a UN negotiator, Ren Cassin (1968), a contribber nation (or oor rate) is set at 0.001% of the UN utor to the Universal Declaration of Human Rights, and
budget ($55,120 for the two year budget 2013-2014).[160] the US Secretary of State Cordell Hull (1945), the latter
A large share of the UNs expenditure addresses its core for his role in the organizations founding. Lester B. Pearmission of peace and security, and this budget is assessed son, the Canadian Secretary of State for External Aairs,
separately from the main organizational budget.[161] The was awarded the prize in 1957 for his role in organizing
peacekeeping budget for the 201516 scal year was the UNs rst peacekeeping force to resolve the Suez Cri$8.27 billion, supporting 82,318 troops deployed in 15 sis. UNICEF won the prize in 1965, the International
Labour Organization in 1969, the UN Peace-Keeping
missions around the world.[104] UN peace operations are
funded by assessments, using a formula derived from Forces in 1988, the International Atomic Energy Agency
(which reports to the UN) in 2005, and the UN-supported
the regular funding scale that includes a weighted surcharge for the ve permanent Security Council members, Organization for the Prohibition of Chemical Weapons
in 2013. The United Nations High Commissioner for
who must approve all peacekeeping operations. This surcharge serves to oset discounted peacekeeping assess- Refugees was awarded in 1954 and 1981, becoming one
of only two recipients to win the prize twice. The UN as
ment rates for less developed countries. In 2013, the top
was awarded the prize in 2001, sharing it with
10 providers of assessed nancial contributions to United a whole[165]
Nations peacekeeping operations were the United States
(28.38%), Japan (10.83%), France (7.22%), Germany
(7.14%), the United Kingdom (6.68%), China (6.64%),
Italy (4.45%), the Russian Federation (3.15%), Canada
(2.98%), and Spain (2.97%).[162]
Special UN programmes not included in the regular budget, such as UNICEF and the World Food
Programme, are nanced by voluntary contributions
from member governments, corporations, and private

4.6 Evaluations, awards, and criticism

Nobel Peace Prize 2001 United Nations diploma in the lobby
of the United Nations Headquarters in New York City

Since its founding, there have been many calls for reform
of the United Nations but little consensus on how to do
so. Some want the UN to play a greater or more eective role in world aairs, while others want its role reduced to humanitarian work. There have also been numerous calls for the UN Security Councils membership
to be increased, for dierent ways of electing the UNs
Secretary-General, and for a United Nations Parliamentary Assembly. Jacques Fomerand states the most enduring divide in views of the UN is the NorthSouth split
between richer Northern nations and developing Southern nations. Southern nations tend to favour a more empowered UN with a stronger General Assembly, allowing
To mark the UNs 70th anniversary Budapest, 2015
them a greater voice in world aairs, while Northern nations prefer an economically laissez-faire UN that focuses
See also: Criticism of the United Nations and Reform of on transnational threats such as terrorism.[166]
the United Nations
After World War II, the French Committee of National
A number of agencies and individuals associated with
the UN have won the Nobel Peace Prize in recognition of their work. Two Secretaries-General, Dag Hammarskjld and Ko Annan, were each awarded the prize
(in 1961 and 2001, respectively), as were Ralph Bunche

Liberation was late to be recognized by the US as the

government of France, and so the country was initially
excluded from the conferences that created the new organization. The future French president Charles de Gaulle
criticized the UN, famously calling it a machin (contraption), and was not convinced that a global secu-


rity alliance would help maintain world peace, preferring
direct defence treaties between countries.[167] Throughout the Cold War, both the US and USSR repeatedly accused the UN of favouring the other. In 1953,
the USSR eectively forced the resignation of Trygve
Lie, the Secretary-General, through its refusal to deal
with him, while in the 1950s and 1960s, a popular US
bumper sticker read, You can't spell communism without U.N.[168] In a sometimes-misquoted statement, President George W. Bush stated in February 2003 (referring
to UN uncertainty towards Iraqi provocations under the
Saddam Hussein regime) that free nations will not allow the United Nations to fade into history as an ineffective, irrelevant debating society.[169][170][171] In contrast, the French President, Franois Hollande, stated in
2012 that France trusts the United Nations. She knows
that no state, no matter how powerful, can solve urgent
problems, ght for development and bring an end to all
crises... France wants the UN to be the centre of global
governance.[172] Critics such as Dore Gold, an Israeli
diplomat, Robert S. Wistrich, a British scholar, Alan Dershowitz, an American legal scholar, Mark Dreyfus, an
Australian politician, and the Anti-Defamation League
consider UN attention to Israels treatment of Palestinians to be excessive.[173] In September 2015, Saudi Arabia's Faisal bin Hassan Trad has been elected Chair of
the United Nations Human Rights Council panel that appoints independent experts,[174] a move criticized by human rights groups.[175][176]
Critics have also accused the UN of bureaucratic ineciency, waste, and corruption. In 1976, the General Assembly established the Joint Inspection Unit to seek out
ineciencies within the UN system. During the 1990s,
the US withheld dues citing ineciency and only started
repayment on the condition that a major reforms initiative was introduced. In 1994, the Oce of Internal Oversight Services (OIOS) was established by the General Assembly to serve as an eciency watchdog.[177] In 1994,
former Special Representative of the Secretary-General
of the UN to Somalia Mohamed Sahnoun published Somalia: The Missed Opportunities,[178] a book in which
he analyses the reasons for the failure of the 1992 UN
intervention in Somalia, showing that, between the start
of the Somali civil war in 1988 and the fall of the Siad
Barre regime in January 1991, the UN missed at least
three opportunities to prevent major human tragedies;
when the UN tried to provide humanitarian assistance,
they were totally outperformed by NGOs, whose competence and dedication sharply contrasted with the UNs excessive caution and bureaucratic ineciencies. If radical
reform was not undertaken, warned Mohamed Sahnoun,
then the UN would continue to respond to such crisis with
inept improvisation.[179] In 2004, the UN faced accusations that its recently ended Oil-for-Food Programme
in which Iraq had been allowed to trade oil for basic needs
to relieve the pressure of sanctionshad suered from
widespread corruption, including billions of dollars of
kickbacks. An independent inquiry created by the UN

found that many of its ocials had been involved, as well
as raising signicant questions about the role of Kojo
Annan, the son of Ko Annan.[180]
In evaluating the UN as a whole, Jacques Fomerand
writes that the accomplishments of the United Nations
in the last 60 years are impressive in their own terms.
Progress in human development during the 20th century
has been dramatic and the UN and its agencies have certainly helped the world become a more hospitable and livable place for millions.[181] Evaluating the rst 50 years
of the UNs history, the author Stanley Meisler writes
that the United Nations never fullled the hopes of its
founders, but it accomplished a great deal nevertheless,
citing its role in decolonization and its many successful peacekeeping eorts.[182] The British historian Paul
Kennedy states that while the organization has suered
some major setbacks, when all its aspects are considered, the UN has brought great benets to our generation
and ... will bring benets to our childrens and grandchildrens generations as well.[183]

4.7 See also

International relations
List of current Permanent Representatives to the
United Nations
Model United Nations
United Nations in popular culture
United Nations television lm series
World Summit on the Information Society

4.8 Notes
[1] This map does not represent the view of its members or the UN concerning the legal status of any
country,<ref>{{cite web|url=
Cartographic/map/profile/world00.pdf|title=The World
Today|format=PDF|accessdate=18 June 2009|quote=The
designations employed and the presentation of material on
this map do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations
concerning the legal status of any country}}</ref> nor
does it accurately reect which areas governments have
UN representation. This map shows partially recognized
states such as Kosovo or Taiwan as part of their claiming
governments (Serbia and China respectively)
[2] This map does not represent the view of its members or
the UN concerning the legal status of any country,[1] nor
does it accurately reect which areas governments have
UN representation. This map shows partially recognized
states such as Kosovo or Taiwan as part of their claiming
governments (Serbia and China respectively)



[3] Roosevelt suggested the name as an alternative to the

name Associated Powers. The British Prime Minister,
Winston Churchill, accepted it, noting that the phase was
used by Lord Byron in the poem Childe Harolds Pilgrimage (Stanza 35).
[4] Poland had not been represented among the fty nations at
the San Francisco conference due to the reluctance of the
Western superpowers to recognize its post-war communist
government. However, the Charter was later amended to
list Poland as a founding member, and Poland ratied the
Charter on 16 October 1945.[19][20]
[5] As of November 2013
[6] For details on Vatican Citys status, see Holy See and the
United Nations.

[17] 1945: The San Francisco Conference. United Nations.

Retrieved 1 July 2015.
[18] Milestones in United Nations History. Department of
Public Information, United Nations. Archived from the
original on 11 January 2012. Retrieved 22 November
2013 via Wayback Machine.
[19] Grant 2009, pp. 2526.
[20] Poland and the United Nations. Ministry of Foreign Affairs of the Republic of Poland. Retrieved 29 November
[21] Fomerand 2009, pp. 149151.
[22] Meisler 1995, p. 35.
[23] Meisler 1995, pp. 5859.

4.9 References

[24] Meisler 1995, pp. 5154.

[25] Meisler 1995, pp. 114.



[26] Meisler 1995, pp. 115134.

[1] The World Today (PDF). Retrieved 18 June 2009. The

designations employed and the presentation of material on
this map do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations
concerning the legal status of any country

[27] See Meisler, p. 76; Kennedy, p. 60; Fasulo, pp. 17, 20

[2] Ocial Languages, Retrieved 22 May 2015.

[30] Meisler 1995, pp. 195197.

[3] Kennedy 2007, p. 5.

[31] Meisler 1995, pp. 208210.

[4] Kennedy 2007, p. 8.

[32] Meisler 1995, pp. 204226, 213, 220221.

[5] Kennedy 2007, p. 10.

[33] Meisler 1995, pp. 167168, 224225.

[6] Kennedy 2007, pp. 1324.

[34] Meisler 1995, p. 286.

[7] Hoopes & Brinkley 2000, pp. 155.

[8] Urquhart, Brian. Looking for the Sheri. New York Review of Books, July 16, 1998.
[9] 1942: Declaration of The United Nations. United Nations. Retrieved 1 July 2015.
[10] Roll, David (4 January 2013). The Hopkins Touch: Harry
Hopkins and the Forging of the Alliance to Defeat Hitler.
pp. 172175. Retrieved 2014-11-13. (subscription required (help)).
[11] Sherwood 1948, pp. 447453.
[12] Osmaczyk 2004, p. 2445.
[13] Text from The Washington Conference 19411942
[14] Schlesinger 2003.
[15] Bohlen, C.E. (1973). Witness to History, 19291969.
New York. p. 159.
[16] Video: Allies Study Post-War Security Etc. (1944).
Universal Newsreel. 1944. Retrieved November 28,

[28] Meisler 1995, pp. 127128, 134.

[29] Meisler 1995, pp. 156157.

[35] Fasulo, p. 43; Meisler, p. 334

[36] Renner, Michael. Peacekeeping Operations Expenditures: 19472005 (PDF). Global Policy Forum.
[37] Meisler, pp. 25256
[38] Meisler 1995, pp. 264277.
[39] Meisler 1995, p. 334.
[40] Kennedy 2007, pp. 6667.
[41] For quotation worldwide ridicule, see Meisler, p. 293;
for description of UN missions in Somalia and Bosnia, see
Meisler, pp. 31229.
[42] Kennedy 2007, p. 104.
[43] Meisler 1995, pp. 226227.
[44] Meisler 1995, pp. 234237.
[45] Lewis, Paul (6 August 1996). Jean Gerard, 58, Reagan
Envoy Who Led U.S. to Leave Unesco. New York Times.
Retrieved 6 January 2014.
[46] Meisler 1995, pp. 285286.


[47] Are UN reforms just reshuing of the deck?". New

Straits Times. 16 January 1998. Retrieved 5 November
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[49] Kennedy 2007, p. 111.
[50] Smith-Spark, Laura (8 October 2013). Syria: Chemical
weapons team faces many dangers, says U.N. chief Ban.
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[51] UN failed during nal days of Lankan ethnic war: Ban
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[52] Fasulo 2004, pp. 34.
[53] Fasulo 2004, p. 8.
[54] United Nations Visitors Centre. United Nations. 2011.
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[55] United Nations Oce at Geneva. United Nations Oce
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[56] Welcome to the United Nations Oce at Vienna!".
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United Nations Oce at Nairobi. Retrieved 6 November


the maintenance of international peace and security, the

election of the non-permanent members of the Security
Council, the election of the members of the Economic and
Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1 c of Article
86 of the Charter, the admission of new Members to the
United Nations, the suspension of the rights and privileges
of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions.
[70] Fasulo 2004, pp. 7073.
[71] United Nations Charter: Chapter V. United Nations.
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[72] Fasulo 2004, pp. 3943.
[73] Members of the United Nations Security Council.
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[74] Fasulo 2004, pp. 4041.
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[76] Fasulo 2004, p. 21.
[77] Fomerand 2009, p. 285.
[78] United Nations Charter: Chapter XV. United Nations.
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[79] Meisler 1995, pp. 3132.

[58] General Assembly of the United Nations Rules of Procedure. UN Department for General Assembly. Retrieved 15 December 2010.
[59] Jerusalem Court: No Immunity for UN Employee for
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Immunity in Israel. 23 March
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[60] Fasulo 2004, p. 4.
[61] Fasulo 2004, pp. 47.
[62] Salaries, United Nations website
[63] ILO: Noblemaire principle, Judgement 986, consideration
7, and Judgment 831, Consideration 1.
[64] UN Sta Regulations, Regulation 3.3(f)
[65] Americans Working at the U.N, World, New York Times,
28 September 2009

[80] Kennedy 2007, pp. 5962.

[81] Appointment Process. United Nations. Retrieved 18
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[82] An Historical Overview on the Selection of United Nations Secretaries-General (PDF). UNA-USA. Archived
from the original (PDF) on 25 October 2007. Retrieved
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[83] Ban Ki-moon wins second term as UN Secretary General. BBC. 21 June 2011. Retrieved 21 November 2013.
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[85] Fomerand 2009, p. 183.
[86] Fasulo 2004, pp. 100101.
[87] The Court. International Court of Justice. Retrieved 17
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[66] UN Charter: Chapter III. United Nations. Retrieved 24

March 2008.

[88] Fomerand 2009, pp. 103104.

[67] Fomerand 2009, pp. 131133.

[89] About ECOSOC. ECOSOC. Retrieved 5 November


[68] Fasulo 2004, pp. 6970.

[69] General Assembly of the United Nations: Rules of Procedure: XII Plenary Meetings. United Nations. Retrieved 4 December 2013. Decisions of the General Assembly on important questions shall be made by a twothirds majority of the members present and voting. These
questions shall include: recommendations with respect to

[90] Fasulo 2004, pp. 153155.

[91] Fasulo 2004, p. 156.
[92] United Nations Charter: Chapter IX. United Nations.
Retrieved 18 November 2013.
[93] Fasulo 2004, pp. 171177.



[94] UN welcomes South Sudan as 193rd Member State. [118] Resolutions Adopted by the General Assembly During
United Nations. 28 June 2006. Retrieved 4 November
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[120] Fasulo 2004, pp. 189190.
[96] Charter of the United Nations: Chapter II. United Na[121] United Nations Charter: Chapter I. United Nations.
tions. Retrieved 21 November 2013.
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[97] Non-member States. United Nations. Retrieved 23
[122] Kennedy 2007, pp. 178182.
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[123] Fomerand 2009, p. 377.
[98] Repertory of Practice (PDF). United Nations. p. 10.
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[124] Kennedy 2007, pp. 185, 188.
[99] The Member States of the Group of 77. Retrieved 7 [125] Fomerand 2009, pp. 70, 73.
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[126] Kennedy 2007, p. 192.
[100] About the G77. Group of 77. Retrieved 5 November
[127] Fomerand 2009, p. 347.
[101] Fasulo 2004, p. 52.

[128] UN creates new human rights body. BBC News. 15

March 2006. Retrieved 18 November 2013.

[102] Coulon 1998, p. ix.

[129] Frequently Asked Questions: Declaration on the Rights

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[107] Kennedy 2007, p. 56.
[108] Ball 2011, p. 46.
[109] Kennedy 2007, p. 187.
[110] Kennedy 2007, pp. 102105.
[111] Meisler 1995, pp. 294311.

[133] We Can End Poverty. United Nations. Retrieved 18

November 2013.
[134] Kennedy 2007, pp. 143144.
[135] The UN Millennium Development Goals. United Nations. Retrieved 4 May 2007.
[136] Fasulo 2004, pp. 169170, 172.

[112] Lynch, Colum (16 December 2004). U.N. Sexual Abuse
Alleged in Congo. The Washington Post. Retrieved 21 [138]
November 2013.
[113] UN troops face child abuse claims. BBC News. 30
November 2006. Retrieved 21 November 2013.
[114] Aid workers in Liberia accused of sex abuse. The New
York Times. 8 May 2006. Retrieved 22 November 2013.
[115] Holt, Kate (4 January 2007). UN sta accused of raping
children in Sudan. The Daily Telegraph. Retrieved 21
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Fomerand 2009, pp. 341342.

Fomerand 2009, p. 126.
About UNICEF: Who we are: Our History. UNICEF.
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[116] Peacekeepers 'abusing children'". BBC News. 28 May [143] Fasulo 2004, pp. 176177.
2007. Retrieved 21 November 2013.
[144] Fomerand 2009, pp. 199200.
[117] Watson, Ivan; Vaccarello, Joe (10 October 2013). U.N. [145] Fomerand 2009, p. 368.
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[147] Our Work. World Food Programme. Retrieved 22 [171] Normand, Roger; Zaidi, Sarah (13 February 2003).
November 2013.
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[148] About Us. Oce of the United Nations High Commis0253000114. Retrieved 12 January 2014.
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[172] Frances role at the UN. Permanent Mission of France
[149] Fomerand 2009, pp. 348, 398.
to the United Nations. Retrieved 25 November 2013.
[150] The United Nations and Decolonization. United Na- [173]
tions. Retrieved 6 November 2013.

For Gold, see Gold, p. 20

[151] Non-Self-Governing Territories. United Nations. Retrieved 7 February 2014.

For Dershowitz, see Dershowitz, Alan. The Case

for Peace: How the Arab-Israeli Conict Can Be Resolved. Hoboken: John Wiley & Sons, Inc., 2005.

[152] Kennedy 2007, pp. 160162.

[153] Organizations. Intergovernmental Panel on Climate
Change. Retrieved 21 November 2013.
[154] Fasulo 2004, p. 179.

For Wistrich, see Wistrich, p. 487

For Dreyfus, see Don't be lynch mob, lawyers urge

U.N.. JTA. 8 July 2009.
For Anti-Defamation League, see ADL: UN Human Rights Council Resolution Reveals 'Cancerous
Bias Against Israel. ADL. 7 July 2009.

[155] United Nations Observances. United Nations. Retrieved 17 November 2013.

[174] "UK helped Saudi Arabia get UN human rights role
through 'secret deal' to exchange votes, leaked documents
[156] (PDF). UN Secretariat.
28 December 2015
suggest". The Independent. 30 September 2015.
ST/ADM/SER.B/932. Retrieved 28 December 2015. [175] "U.N. Watchdog Slams 'Scandalous Choice of Saudi AraMissing or empty |title= (help)
bia to Head Human Rights Panel". Yahoo News. 21
September 2015.
[157] Fifth Committee Approves Assessment Scale for Regular, Peacekeeping Budgets, Texts on Common System, [176] "When Beheading Won't Do the Job, the Saudis Resort to
Pension Fund, as it Concludes Session (Press Release)".
Crucixion ". The Atlantic. 24 September 2015.
United Nations. 22 December 2006. Retrieved 8 November 2013.
[177] Reddy, Shravanti (29 October 2002). Watchdog Organization Struggles to Decrease UN Bureaucracy. Global
[158] Regular Budget 20122013 (PDF). United Nations.
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[178] USIP Press Books, October 1994, ISBN 978-1-878379[159] Fasulo 2004, p. 117.
[160] Weiss & Daws 2009, p. 682.
[161] Fasulo 2004, p. 115.

[179] Book Review by Gail M. Gerhart in Foreign Aairs,

March/April 1995

[162] Financing of UN Peacekeeping Operations. United Na- [180] Q&A: Oil-for-food scandal. BBC News. 7 September
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tions. Retrieved 9 November 2013.
[163] Where Your Money Goes. World Food Programme. [181] Fomerand 2009, pp. cviii.
Retrieved 9 November 2013.
[182] Meisler 1995, p. 339.
[164] Overall funding trends. UNICEF. 21 January 2013.
[183] Kennedy 2007, p. 290.
Retrieved 9 November 2013.
[165] All Nobel Peace Prizes. Nobel Prize. Retrieved 5
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[166] Fomerand 2009, p. civ.
[167] Gerbet, Pierre (1995). Naissance des Nations Unies.
Espoir (in French) (102).

4.9.2 Bibliography
Ball, Howard (2011). Genocide: A Reference Handbook. Contemporary World Issues. Santa Barbara,
California: ABC-CLIO. ISBN 978-1-59884-488-7.

[169] Greene, David L. (14 February 2003). Bush implores

U.N. to show 'backbone'". The Baltimore Sun. Retrieved
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Coulon, Jocelyn (1998). Soldiers of Diplomacy: The

United Nations, Peacekeeping, and the New World
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[170] Singh, Jasvir (2008). Problem of Ethicity: Role of United

Nations in Kosovo Crisis. Unistar Books. p. 150. ISBN
9788171427017. Retrieved 12 January 2014.

Fasulo, Linda (2004). An Insiders Guide to the UN.

New Haven, Connecticut: Yale University Press.
ISBN 978-0-300-10155-3.

[168] Meisler 1995, pp. 7273, 82.

Fomerand, Jacques (2009). The A to Z of the United
Nations. Lanham, Maryland: Scarecrow Press.
ISBN 978-0-8108-5547-2.
Gold, Dore (2004). Tower of Babble: How the
United Nations Has Fueled Global Chaos. New
York: Crown Forum. ISBN 978-1-4000-5475-6.
Grant, Thomas D. (2009). Admission to the United
Nations: Charter Article 4 and the Rise of Universal
Organization. Legal Aspects of International Organization 50. Leiden, Netherlands: Martinus Nijho
Publishers. ISBN 978-900417363-7. ISSN 09244883.


4.10 Further reading

Lowe, Vaughan; Roberts, Adam; Welsh, Jennifer;
Zaum, Dominik, eds. (2008). The United Nations
Security Council and War: The Evolution of Thought
and Practice since 1945. Oxford University Press.
ISBN 978-0-19-953343-5.
Roberts, Adam; Kingsbury, Benedict, eds. (1994).
United Nations, Divided World: The UNs Roles in
International Relations (2nd ed.). Oxford University
Press. ISBN 978-0-19-827926-6.

Hoopes, Townsend; Brinkley, Douglas (2000) 4.11 External

[1997]. FDR and the Creation of the U.N. New
Haven, Connecticut: Yale University Press. ISBN Ocial websites
Kennedy, Paul (2007) [2006]. The Parliament of
Man: The Past, Present, and Future of the United
Nations. New York: Random House. ISBN 978-0375-70341-6.


Ocial website
The United Nations Regional Information Centre

United Nations Volunteers

Manchester, William; Reid, Paul (2012). The Last
Lion: Winston Spencer Churchill. Volume 3: De United Nations Documentation Research Guide
fender of the Realm, 19401965. New York: Little
Brown and Company. ISBN 978-0-316-54770-3.
Meisler, Stanley (1995). United Nations: The First
Fifty Years. New York: Atlantic Monthly Press.
ISBN 978-0-87113-616-9.
Mires, Charlene (2013). Capital of the World: The
Race to Host the United Nations. New York University Press. ISBN 978-0-8147-0794-4.
Osmaczyk, Edmund Jan (2004). Mango, Anthony,
ed. Encyclopedia of the United Nations and International Agreements 4. Taylor & Francis. ISBN 9780-415-93924-9.
Schlesinger, Stephen C. (2003). Act of Creation:
The Founding of the United Nations: A Story of Super Powers, Secret Agents, Wartime Allies and Enemies, and Their Quest for a Peaceful World. Boulder, Colorado: Westview Press. ISBN 978-0-81333324-3.
Sherwood, Robert E. (1948). Roosevelt and Hopkins: An Intimate History. New York: Harper and
Weiss, Thomas G.; Daws, Sam, eds. (2009) [2007].
The Oxford Handbook on the United Nations. Oxford University Press. ISBN 978-0-19-956010-3.
Wistrich, Robert S. (2010). A Lethal Obsession:
Anti-Semitism from Antiquity to the Global Jihad.
New York: Random House. ISBN 978-1-40006097-9.

Searchable archive of UN discussions and votes

United Nations Association of the UK independent policy authority on the UN
Website of the Global Policy Forum, an independent
think tank on the UN
UN Watch NGO monitoring UN activities
Works by or about United Nations at Internet
Works by United Nations at LibriVox (public domain audiobooks)

Chapter 5

Appellate Body
The Appellate Body of the World Trade Organization
is a standing body of seven persons that hears appeals
from reports issued by panels in disputes brought by WTO
members. It was established in 1995 under Article 17 of
the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU). The Appellate Body
can uphold, modify or reverse the legal ndings and conclusions of a panel, and Appellate Body Reports, once
adopted by the Dispute Settlement Body (DSB), must be
accepted by the parties to the dispute. The Appellate
Body has its seat in Geneva, Switzerland.

5.1 External links

Appellate Body on WTO website
How dispute settlement works


Chapter 6

International Tribunal for the Law of the

Sustainable Exploitation of Swordsh Stocks in the SouthEastern Pacic Ocean (Chile/European Community).
By agreement of the parties Ghana and Ivory Coast, the
Tribunal formed a special chamber composed of 5 judges
to deal with the Dispute Concerning Delimitation of the
Maritime Boundary between Ghana and Cte d'Ivoire in
the Atlantic Ocean (Ghana/Cte d'Ivoire).

6.2 Current judges

6.3 Former judges
ITLOS seen from Elbchaussee, close to the River Elbe.

6.4 Cases

The International Tribunal for the Law of the Sea

(ITLOS) is an intergovernmental organization created by 6.5 External links
the mandate of the Third United Nations Conference on
the Law of the Sea. It was established by the United
Ocial ITLOS Site
Nations Convention on the Law of the Sea, signed at
Montego Bay, Jamaica, on December 10, 1982. The
International Foundation for the Law of the Sea
Convention entered into force on November 16, 1994,
Privileges and Immunities, Berlin, 14 December
and established an international framework for law over
all ocean space, its uses and resources. The tribunal is
based in Hamburg, Germany. The Convention also established the International Seabed Authority, with respon- Coordinates: 533304N 95103E / 53.55111N
sibility for the regulation of seabed mining beyond the 9.85083E
limits of national jurisdiction, that is beyond the limits of
the territorial sea, the contiguous zone and the continental
shelf. There are current 167 signatories, 166 states plus
the European Union.

6.1 Composition
According to its founding statute, the Tribunal has a set
of 21 serving judges from a variety of states parties.
At the request of Chile and the European Union, the Tribunal set up a special chamber composed of 5 judges
to deal with the Case concerning the Conservation and

Chapter 7

Nuremberg trials
For the 1947 Soviet lm about the trials, see Nuremberg it possible to let such atrocities go unpunished? Could
Trials (lm).
France, could Russia, could Holland, Belgium, Norway,
Czechoslovakia, Poland or Yugoslavia be expected to
4927.2603N 1102.9103E / consent to such a course? ... It will be remembered that
after the rst world war alleged criminals were handed
49.4543383N 11.0485050E The Nuremberg trials
(German: die Nrnberger Prozesse) were a series of over to be tried by Germany, and what a farce that was!
The majority got o and such sentences as were inicted
military tribunals, held by the Allied forces after World
War II, which were most notable for the prosecution of were derisory and were soon remitted.
prominent members of the political, military, judicial
and economic leadership of Nazi Germany who planned,
carried out, or otherwise participated in The Holocaust
and other war crimes. The trials were held in the city of
Nuremberg, Germany.
The rst, and best known of these trials, described as the
greatest trial in history by Norman Birkett, one of the
British judges who presided over it,[1] was the trial of the
major war criminals before the International Military Tribunal (IMT). Held between 20 November 1945 and 1 October 1946,[2] the Tribunal was given the task of trying 23
of the most important political and military leaders of the
Third Reich, though one of the defendants, Martin Bormann, was tried in absentia, while another, Robert Ley,
committed suicide within a week of the trials commencement.

Georey Lawrence
5 December 1946
A precedent for trying those accused of war crimes
had been set at the end of World War I in the Leipzig
War Crimes Trials held in May to July 1921 before the
Reichsgericht (German Supreme Court) in Leipzig, although these had been on a very limited scale and largely
regarded as ineectual. At the beginning of 1940, the
Polish government-in-exile asked the British and French
governments to condemn the German invasion of their
country. The British initially declined to do so; however,
in April 1940, a joint British-French-Polish declaration
was issued. Relatively bland because of Anglo-French
reservations, it proclaimed the trios desire to make a
formal and public protest to the conscience of the world
against the action of the German government whom they
must hold responsible for these crimes which cannot remain unpunished.[5]

Not included were Adolf Hitler, Heinrich Himmler, and

Joseph Goebbels, all of whom had committed suicide
in the spring of 1945, well before the indictment was Three-and-a-half years later, the stated intention to punsigned.[3] Reinhard Heydrich was not included, as he had ish the Germans was much more trenchant. On 1 Novembeen assassinated in 1942.
ber 1943, the Soviet Union, the United Kingdom and
The second set of trials of lesser war criminals was con- the United States published their Declaration on Gerducted under Control Council Law No. 10 at the U.S. man Atrocities in Occupied Europe, which gave a full
Nuremberg Military Tribunals (NMT), which included warning that, when the Nazis were defeated, the Allies
the Doctors Trial and the Judges Trial. This article pri- would pursue them to the uttermost ends of the earth ...
marily deals with the IMT; see Subsequent Nuremberg in order that justice may be done. ... The above declaration is without prejudice to the case of the major war
Trials for details on the NMT (the second set of trials).
criminals whose oences have no particular geographical location and who will be punished by a joint decision
of the Government of the Allies.[6] This Allied intention
7.1 Origin
to dispense justice was reiterated at the Yalta Conference
and at Berlin in 1945.[7]
There were, I suppose, three possible courses: to let the British War Cabinet documents, released on 2 January
atrocities which had been committed go unpunished; to 2006, showed that as early as December 1944, the Cabput the perpetrators to death or punish them by execu- inet had discussed their policy for the punishment of
tive action; or to try them. Which was it to be? Was

the leading Nazis if captured. British Prime Minister Winston Churchill had then advocated a policy of
summary execution in some circumstances, with the use
of an Act of Attainder to circumvent legal obstacles, being dissuaded from this only by talks with US and Soviet
leaders later in the war.[8]


adopt an alternative position on the matter. The demise
of the Morgenthau Plan created the need for an alternative method of dealing with the Nazi leadership. The plan
for the Trial of European War Criminals was drafted
by Secretary of War Henry L. Stimson and the War Department. Following Roosevelts death in April 1945, the
new president, Harry S. Truman, gave strong approval for
a judicial process. After a series of negotiations between
Britain, the US, Soviet Union and France, details of the
trial were worked out. The trials were to commence on
20 November 1945, in the Bavarian city of Nuremberg.

7.2 Creation of the courts

On 20 April 1942, representatives from the nine countries
occupied by Germany met in London to draft the InterAllied Resolution on German War Crimes. At the meetings in Tehran (1943), Yalta (1945) and Potsdam (1945),
the three major wartime powers, the United Kingdom,
United States, and the Soviet Union, agreed on the forDefendants in the dock at the Nuremberg trials. The main target mat of punishment for those responsible for war crimes
of the prosecution was Hermann Gring (at the left edge on the during World War II. France was also awarded a place
rst row of benches), considered to be the most important survivon the tribunal. The legal basis for the trial was estabing ocial in the Third Reich after Hitlers death.
lished by the London Charter, which was agreed upon by
the four so-called Great Powers on 8 August 1945, [15]
In late 1943, during the Tripartite Dinner Meeting at the and which restricted the trial to punishment of the maTehran Conference, the Soviet leader, Joseph Stalin, pro- jor war criminals of the European Axis countries
posed executing 50,000100,000 German sta ocers.
US President Franklin D. Roosevelt joked that perhaps Some 200 German war crimes defendants were tried at
49,000 would do. Churchill, believing them to be seri- Nuremberg, and 1,600 others were tried under the traous, denounced the idea of the cold blooded execution ditional channels of military justice. The legal basis
of soldiers who fought for their country and that he'd for the jurisdiction of the court was that dened by the
rather be taken out in the courtyard and shot himself Instrument of Surrender of Germany. Political authority
than partake in any such action.[9] However, he also stated for Germany had been transferred to the Allied Control
that war criminals must pay for their crimes and that in Council which, having sovereign power over Germany,
accordance with the Moscow Document which he him- could choose to punish violations of international law and
self had written, they should be tried at the places where the laws of war. Because the court was limited to violathe crimes were committed. Churchill was vigorously op- tions of the laws of war, it did not have jurisdiction over
posed to executions for political purposes.[10][11] Ac- crimes that took place before the outbreak of war on 1
cording to the minutes of a Roosevelt-Stalin meeting at September 1939.
Yalta, on 4 February 1945, at the Livadia Palace, President Roosevelt said that he had been very much struck
7.2.1 Location
by the extent of German destruction in the Crimea and
therefore he was more bloodthirsty in regard to the Germans than he had been a year ago, and he hoped that Marshal Stalin would again propose a toast to the execution
of 50,000 ocers of the German Army.[12]
US Secretary of the Treasury Henry Morgenthau, Jr. suggested a plan for the total denazication of Germany;[13]
this was known as the Morgenthau Plan. The plan advocated the forced de-industrialisation of Germany and the
summary execution of so-called arch-criminals, i.e. the
major war criminals.[14] Roosevelt initially supported this
plan, and managed to convince Churchill to support it in The courthouse in Nuremberg, where the trials took place
a less drastic form. Later, details were leaked to the public, generating widespread protest. Roosevelt, aware of Leipzig and Luxembourg were briey considered as the
strong public disapproval, abandoned the plan, but did not location for the trial.[16] The Soviet Union had wanted the


trials to take place in Berlin, as the capital city of the 'fascist conspirators,[16] but Nuremberg was chosen as the
site for two reasons, with the rst one having been the
decisive factor:[17]
1. The Palace of Justice was spacious and largely
undamaged (one of the few buildings that had
remained largely intact through extensive Allied
bombing of Germany), and a large prison was also
part of the complex.
2. Nuremberg was considered the ceremonial birthplace of the Nazi Party. It had hosted the Partys
annual propaganda rallies[16] and the Reichstag session that passed the Nuremberg Laws.[17] Thus it
was considered a tting place to mark the Partys
symbolic demise.
As a compromise with the Soviets, it was agreed that
while the location of the trial would be Nuremberg,
Berlin would be the ocial home of the Tribunal
authorities.[18][19][20] It was also agreed that France would
become the permanent seat of the IMT[21] and that the
rst trial (several were planned) would take place in
Most of the accused had previously been detained at
Camp Ashcan, a processing station and interrogation center in Luxembourg, and were moved to Nuremberg for
the trial.


Major General Iona Nikitchenko (Soviet main)

Lieutenant Colonel Alexander Volchkov (Soviet alternate)

Lord Justice Colonel Sir Georey Lawrence

(British main), President of the Tribunal

Sir Norman Birkett (British alternate)

Francis Biddle (American main)

John J. Parker (American alternate)

Professor Henri Donnedieu de Vabres (French

Robert Falco (French alternate)

Chief prosecutors

Attorney General Sir Hartley Shawcross

(United Kingdom)

Supreme Court Justice Robert H. Jackson

(United States)

Lieutenant-General Roman Andreyevich

Rudenko (Soviet Union)

Franois de Menthon, later replaced by

Auguste Champetier de Ribes (France)

Assisting Jackson were the lawyers Telford Taylor,

William S. Kaplan[22] and Thomas J. Dodd, plus young
US Army interpreter Richard Sonnenfeldt. Assisting
Each of the four countries provided one judge and an al- Shawcross were Major Sir David Maxwell-Fyfe and Sir
ternate, as well as a prosecutor.
John Wheeler-Bennett. Mervyn Grith-Jones, who was
later to become famous as the chief prosecutor in the
Lady Chatterleys Lover obscenity trial, was also on
Shawcrosss team. Shawcross also recruited a young
barrister, Anthony Marreco, who was the son of a friend
of his, to help the British team with the heavy workload.



Defense counsel

Judges sitting in Nuremberg, from left to right: Volchkov,

Nikitchenko, Birkett, Sir Georey Lawrence, Biddle, Parker,
Donnedieu de Vabres and Falco

The vast majority of the defense attorneys were German

lawyers.[23] These included Georg Frschmann, Heinz
Fritz (Hans Fritzsche), Otto Kranzbhler (Karl Dnitz),
Otto Pannenbecker (Wilhelm Frick), Alfred Thoma (Alfred Rosenberg), Kurt Kaumann (Ernst Kaltenbrunner), Hans Laternser (general sta and high command),
Franz Exner (Alfred Jodl), Alfred Seidl (Hans Frank),
Otto Stahmer (Hermann Gring), Walter Ballas (Gustav Krupp von Bohlen und Halbach), Hans Flchsner
(Albert Speer), Gnther von Rohrscheidt (Rudolf He),
Egon Kubuschok (Franz von Papen), Robert Servatius
(Fritz Sauckel), Fritz Sauter (Joachim von Ribbentrop),
Walther Funk (Baldur von Schirach), Hanns Marx (Julius
Streicher), Otto Nelte (Wilhelm Keitel), and Herbert

Kraus / Rudolph Dix (both working for Hjalmar Schacht).
The main counsels were supported by a total of 70 assistants, clerks and lawyers.[24] The defense counsel witnesses included several men who took part in the war
crimes during World War II, such as Rudolf Hss. The
men testifying for the defense hoped to receive more lenient sentences. All of the men testifying on behalf of
the defense were found guilty on several counts.[25]


7.3.1 Intelligence tests and psychiatric assessments

The Rorschach test was administered to the defendants,
along with the Thematic Apperception Test and a German adaptation of the Wechsler-Bellevue Intelligence
Test.[37] All were above average intelligence, several

7.3 Trial

The defendants in the dock

Rare colour photo of the trial at Nuremberg, depicting the defendants, guarded by American Military Police

The International Military Tribunal was opened on

November 19, 1945, in the Palace of Justice in
Nuremberg.[26][27] The rst session was presided over by
the Soviet judge, Nikitchenko. The prosecution entered
indictments against 24 major war criminals and seven organizations the leadership of the Nazi party, the Reich
Cabinet, the Schutzstael (SS), Sicherheitsdienst (SD),
the Gestapo, the Sturmabteilung (SA) and the General Sta and High Command, comprising several categories of senior military ocers.[avalon 1] These organizations were to be declared criminal if found guilty.
Defendants listening to translated evidence through headphones
The indictments were for:

Throughout the trials, specically between January and

July 1946, the defendants and a number of witnesses were
1. Participation in a common plan or conspiracy for the interviewed by American psychiatrist Leon Goldensohn.
accomplishment of a crime against peace
His notes detailing the demeanor and comments of the
defendants survive; they were edited into book form and
2. Planning, initiating and waging wars of aggression
published in 2004.[41]
and other crimes against peace
3. War crimes
4. Crimes against humanity

The 24 accused were, with respect to each charge, either

indicted but not convicted (I), indicted and found guilty
(G), or not charged (), as listed below by defendant,
charge, and eventual outcome:

7.3.2 Overview of the trial

20 November 1945: Start of the trials.
21 November 1945: Judge Robert H. Jackson opens
for the prosecution with a speech lasting several
hours, leaving a deep impression on both the court
and the public.

7.3. TRIAL

28 January 1946: Witness Marie-Claude VaillantCouturier, member of the French Resistance and
concentration camp survivor, testies on the Holocaust, becoming the rst Holocaust survivor to do
1112 February 1946: Witness and former Field
Marshal Friedrich Paulus, who had been secretly
brought to Nuremberg, testies on the question of
waging a war of aggression.
14 February 1946: The Soviet prosecutors try to
blame the Katyn massacre on the Germans.

Hermann Gring under cross-examination

19 February 1946: The lm Cruelties of the

German-Fascist Intruders, detailing the atrocities
which took place in the extermination camps, is
27 February 1946: Witness Abraham Sutzkever testies on the murder of almost 80,000 Jews in Vilnius
by the Germans occupying the city.
8 March 1946: The rst witness for the defense testies former General Karl Bodenschatz.
1322 March 1946: Hermann Gring takes the

Oct 17, 1946 U.S. Newsreel of Nuremberg Trials Sentencing

26 November 1945: The Hossbach Memorandum

(of a conference in which Hitler explained his war
plans) is presented.
29 November 1945: The lm "Nazi concentration
camps" is screened.
30 November 1945: Witness Erwin von Lahousen
testies that Keitel and von Ribbentrop gave orders
for the murder of Poles, Jews, and Russian prisoners
of war.

15 April 1946: Witness Rudolf Hss, former commandant of Auschwitz, conrms that Kaltenbrunner
had never been there, but admits to having carried
out mass murder.
21 May 1946: Witness Ernst von Weizscker explains the German-Soviet Non-Aggression Pact of
1939, including its secret protocol detailing the division of Eastern Europe between Germany and the
Soviet Union.
20 June 1946: Albert Speer takes the stand. He is
the only defendant to take personal responsibility for
his actions.
29 June 1946: The defense for Martin Bormann testies.

12 December 1945: The lm The Nazi Plan is

screened, showing long-term planning and preparations for war by the Nazis.

12 July 1946: The court hears six witnesses testifying on the Katyn massacre; the Soviets fail to pin
the blame for the event on Germany.

3 January 1946: Witness Otto Ohlendorf, former

head of Einsatzgruppe D, detachedly admits to the
murder of around 90,000 Jews.

2 July 1946: Admiral Chester W. Nimitz provides

written testimony regarding attacks on merchant
vessels without warning, admitting that Germany
was not alone in these attacks, as the US did the

3 January 1946: Witness Dieter Wisliceny describes

the organisation of RSHA Department IV-B-4, in
charge of the Final Solution.
7 January 1946:
Witness and former SSObergruppenfhrer Erich von dem Bach-Zelewski
admits to the organized mass murder of Jews and
other groups in the Soviet Union.

4 July 1946: Final statements for the defense.

26 July 1946: Final statements for the prosecution.
30 July 1946: Start of the trial of the criminal organizations.



31 August 1946: Last statements by the defendants. document which was created as a result of the trial. The
medical experiments conducted by German doctors and
1 September 1946: The court adjourns.
prosecuted in the so-called Doctors Trial led to the cre 30 September1 October 1946: The sentencing oc- ation of the Nuremberg Code to control future trials incurs, taking two days, with the individual sentences volving human subjects, a set of research ethics principles
for human experimentation.
read out on the afternoon of October 1.[42]
Of the indicted organizations the following were found
The accusers were successful in unveiling the background
not to be criminal:
of developments leading to the outbreak of World War II,
which cost at least 40 million lives in Europe alone,[43] as
well as the extent of the atrocities committed in the name
of the Hitler regime. Twelve of the accused were sen The General Sta and High Command was found
tenced to death, seven received prison sentences (ranging
not to comprise a group or organization as dened by
from 10 years to life in prison), three were acquitted, and
Article 9 of the London Charter
two were not charged.[44]



Main article: Nuremberg executions

7.4 Subsidiary and related trials

The American authorities conducted subsequent NuremThe death sentences were carried out on 16 October 1946
berg Trials in their occupied zone.
by hanging using the standard drop method instead of
long drop. The U.S. army denied claims that the drop Other trials conducted after the Nuremberg Trials include
length was too short which caused the condemned to die the following:
slowly from strangulation instead of quickly from a broken neck.[45] But evidence remains that some of the con Auschwitz Trial
demned men died agonizingly slowly, struggling for 14
Belsen Trial
to 28 minutes before nally choking to death.[46][47] The
executioner was John C. Woods. Woods had hanged 34
Belzec Trial before the 1st Munich District Court in
U.S. soldiers during the war, botching several of them.[48]
the mid-1960s, of eight SS-men of the Belzec exterThe executions took place in the gymnasium of the court
mination camp
building (demolished in 1983).[49]
Although the rumor has long persisted that the bodies
were taken to Dachau and burned there, they were actually incinerated in a crematorium in Munich, and the
ashes scattered over the river Isar.[50] The French judges
suggested that the military condemned (Gring, Keitel
and Jodl) be shot by a ring squad, as is standard for military courts-martial, but this was opposed by Biddle and
the Soviet judges, who argued that the military ocers
had violated their military ethos and were not worthy of
death by being shot, which was considered to be more
dignied. The prisoners sentenced to incarceration were
transferred to Spandau Prison in 1947.

Chemno trials of the Chemno extermination camp

personnel, held in Poland and in Germany. The
cases were decided almost twenty years apart

Of the 12 defendants sentenced to death by hanging, two

were not hanged: Martin Bormann was convicted in absentia (he had been, unknown to the Allies, killed while
trying to escape from Berlin in May 1945), and Hermann
Gring committed suicide the night before the execution.
The remaining 10 defendants sentenced to death were

Sobibor trial held in Hagen, Germany in 1965

against the SS-men of the Sobibor extermination

Dachau Trials
Frankfurt Auschwitz Trials
Majdanek trials, the longest Nazi war crimes trial in
history, spanning over 30 years
Mauthausen-Gusen camp trials
Ravensbrck Trial

Treblinka trials in Dsseldorf, Germany

7.5 American role in the trial


Nuremberg principles

While Sir Georey Lawrence of Britain was the judge

The denition of what constitutes a war crime is de- chosen as president of the court, the most prominent of
scribed by the Nuremberg principles, a set of guidelines the judges at trial arguably was his American counterpart,



Chief American prosecutor Robert H. Jackson addresses the

Nuremberg court. 20 November 1945.

Thomas Dodd was a prosecutor for the United States.

There was an immense amount of evidence backing the
prosecutors case, especially since meticulous records of
the Nazis actions had been kept. There were records
taken in by the prosecutors that had signatures from specic Nazis signing for everything from stationery supplies
to Zyklon B gas, which was used to kill the inmates of the
deathcamps. Thomas Dodd showed a series of pictures
to the courtroom after reading through the documents of
crimes committed by the defendants. The showing consisted of pictures displaying the atrocities performed by
the defendants. The pictures had been gathered when the
inmates were liberated from the concentration camps.[59]

Henry Gerecke, a Lutheran pastor, was sent to minister

Francis Biddle.[51] Prior to the trial, Biddle had been Atto the Nazi defendants.[60]
torney General of the United States but had been asked
to resign by Truman earlier in 1945.[52]
Some accounts argue that Truman had appointed Biddle
as the main American judge for the trial as an apology
for asking for his resignation.[52] Ironically, Biddle was
known during his time as Attorney General for opposing
the idea of prosecuting Nazi leaders for crimes committed before the beginning of the war, even sending out a
memorandum on January 5, 1945 on the subject.[53] The
note also expressed Biddles opinion that instead of proceeding with the original plan for prosecuting entire organizations, there should simply be more trials that would
prosecute specic oenders.[53]

7.6 Legacy
The Tribunal is celebrated for establishing that "[c]rimes
against international law are committed by men, not by
abstract entities, and only by punishing individuals who
commit such crimes can the provisions of international
law be enforced.[61] The creation of the IMT was followed by trials of lesser Nazi ocials and the trials of
Nazi doctors, who performed experiments on people in
prison camps. It served as the model for the International
Military Tribunal for the Far East which tried Japanese
ocials for crimes against peace and against humanity.
It also served as the model for the Eichmann trial and for
present-day courts at The Hague, for trying crimes committed during the Balkan wars of the early 1990s, and at
Arusha, for trying the people responsible for the genocide
in Rwanda.

Biddle soon changed his mind, as he approved a modied version of the plan on January 21, 1945, likely due
to time constraints, since the trial would be one of the
main issues discussed at Yalta.[54] At trial, the Nuremberg
tribunal ruled that any member of an organization convicted of war crimes, such as the SS or Gestapo, who had
joined after 1939 would be considered a war criminal.[55]
Biddle managed to convince the other judges to make The Nuremberg trials had a great inuence on the develan exemption for any member who was drafted or had opment of international criminal law. The Conclusions
no knowledge of the crimes being committed by these of the Nuremberg trials served as models for:
The Genocide Convention, 1948.
Justice Robert H. Jackson played an important role in not
only the trial itself, but also in the creation of the International Military Tribunal, as he led the American delegation to London that, in the summer of 1945, argued in
favour of prosecuting the Nazi leadership as a criminal
conspiracy.[56] According to Airey Neave, Jackson was
also the one behind the prosecutions decision to include
membership in any of the six criminal organizations in
the indictments at the trial, though the IMT rejected this
on the grounds that it was wholly without precedent in either international law or the domestic laws of any of the
Allies.[57] Jackson also attempted to have Alfried Krupp
be tried in place of his father, Gustav, and even suggested
that Alfried volunteer to be tried in his fathers place.[58]
Both proposals were rejected by the IMT, particularly
by Lawrence and Biddle, and some sources indicate that
this resulted in Jackson being viewed unfavourably by the

The Universal Declaration of Human Rights, 1948.

The Nuremberg Principles, 1950.
The Convention on the Abolition of the Statute of
Limitations on War Crimes and Crimes against Humanity, 1968.
The Geneva Convention on the Laws and Customs
of War, 1949; its supplementary protocols, 1977.
The International Law Commission, acting on the request
of the United Nations General Assembly, produced in
1950 the report Principles of International Law Recognized in the Charter of the Nrnberg Tribunal and in the
Judgement of the Tribunal (Yearbook of the International



Law Commission, 1950, vol. II[62] ). See Nuremberg sion of the IMT, explained the opposition to the Tribunal
The inuence of the tribunal can also be seen in the proposals for a permanent international criminal court, and
the drafting of international criminal codes, later prepared by the International Law Commission.
Tourists can visit courtroom 600 on days when no trial
is on. A permanent exhibition has been dedicated
to the trials. <ref name Nuremberg museum visitor information>
exhibition/visitor-information.html. Missing or empty
|title= (help)</ref>


Establishment of a permanent International Criminal Court

The assumptions underlying the Charter

of the United Nations, the Statute of the International Court of Justice, and the Charter
of the Nuremberg Tribunal are far removed
from the positivistic assumptions which greatly
inuenced the thought of international jurists
in the nineteenth century. Consequently, the
activities of those institutions have frequently
been vigorously criticized by positivistic jurists
... [who] have asked: How can principles enunciated by the Nuremberg Tribunal, to take it
as an example, be of legal value until most of
the states have agreed to a tribunal with jurisdiction to enforce those principles? How
could the Nuremberg Tribunal have obtained
jurisdiction to nd Germany guilty of aggression, when Germany had not consented to the
Tribunal? How could the law, rst explicitly
accepted in the Nuremberg Charter of 1945,
have bound the defendants in the trial when
they committed the acts for which they were
indicted years earlier?[70]

The Nuremberg trials initiated a movement for the

prompt establishment of a permanent international criminal court, eventually leading over fty years later to
the adoption of the Statute of the International Criminal
Court. This movement was brought about because during
the trials, there were conicting court methods between
the German court system and the U.S. court system. The
crime of conspiracy was unheard of in the civil law systems of the Continent. Therefore, the German defense
found it unfair to charge the defendants with conspiracy Art.19 The Tribunal shall not be bound by technical
to commit crimes, while the judges from common-law rules of evidence.
countries were used to doing so.[63]
Charter of the International Military Tribunal
It [IMT] was the rst successful international criminal Art.21 The Tribunal shall not require proof of facts
court, and has since played a pivotal role in the develop- of common knowledge but shall take judicial notice
ment of international criminal law and international insti- thereof.
tutions (Fichtelberg 5).
Charter of the International Military Tribunal
Chief Justice of the United States Supreme Court Harlan
Fiske Stone called the Nuremberg trials a fraud. "(Chief
U.S. prosecutor) Jackson is away conducting his highgrade lynching party in Nuremberg, he wrote. I don't
You'll see. A few years from now the lawyers of the world mind what he does to the Nazis, but I hate to see the prewill condemn this trial. You can't have a trial without tense that he is running a court and proceeding according
to common law. This is a little too sanctimonious a fraud
Joachim von Ribbentrop
to meet my old-fashioned ideas.[71]
20 November 1945
Jackson, in a letter discussing the weaknesses of the trial,

7.7 Criticism

Critics of the Nuremberg trials argued that the charges

against the defendants were only dened as crimes after they were committed and that therefore the trial was
invalid as a form of "victors justice".[65][66] The alleged
double standards associated with putative victors justice
are also evident from the indictment of German defendants for conspiracy to commit aggression against Poland
in 1939, while no one from the Soviet Union was charged
for being part of the same conspiracy. As Biddiss observed, the Nuremberg Trial continues to haunt us. ... It
is a question also of the weaknesses and strengths of the
proceedings themselves.[67][68][69]

in October 1945 told U.S. President Harry S. Truman

that the Allies themselves have done or are doing some
of the very things we are prosecuting the Germans for.
The French are so violating the Geneva Convention in the
treatment of prisoners of war that our command is taking
back prisoners sent to them. We are prosecuting plunder
and our Allies are practising it. We say aggressive war is
a crime and one of our allies asserts sovereignty over the
Baltic States based on no title except conquest.[72][73]

Associate Supreme Court Justice William O. Douglas

charged that the Allies were guilty of substituting power
for principle at Nuremberg. I thought at the time and
Quincy Wright, writing eighteen months after the conclu- still think that the Nuremberg trials were unprincipled,

he wrote. Law was created ex post facto to suit the passion and clamor of the time.[74]
U.S. Deputy Chief Counsel Abraham Pomerantz resigned in protest at the low caliber of the judges assigned
to try the industrial war criminals such as those at I.G.
Many Germans who agreed with the idea of punishment
for war crimes, admitted trepidation concerning the trials.
A contemporary German jurist said:
That the defendants at Nuremberg were
held responsible, condemned and punished,
will seem to most of us initially as a kind of
historical justice. However, no one who takes
the question of guilt seriously, above all no responsibly thoughtful jurist, will be content with
this sensibility nor should they be allowed to
be. Justice is not served when the guilty parties are punished in any old way, even if this
seems appropriate with regard to their measure
of guilt. Justice is only served when the guilty
are punished in a way that carefully and conscientiously considers their criminal errors according to the provisions of valid law under the
jurisdiction of a legally appointed judge.[76]
The validity of the court has been questioned on a number
of grounds:
The defendants were not allowed to appeal or aect
the selection of judges.
A. L. Goodhart, Professor at Oxford, opposed
the view that, because the judges were appointed by the victors, the Tribunal was not
impartial and could not be regarded as a court
in the true sense. He wrote: Attractive as this
argument may sound in theory, it ignores the
fact that it runs counter to the administration
of law in every country. If it were true then
no spy could be given a legal trial, because his
case is always heard by judges representing the
enemy country. Yet no one has ever argued
that in such cases it was necessary to call on
neutral judges. The prisoner has the right to
demand that his judges shall be fair, but not
that they shall be neutral. As Lord Writ has
pointed out, the same principle is applicable to
ordinary criminal law because 'a burglar cannot complain that he is being tried by a jury of
honest citizens.[77]
One of the charges, brought against Keitel, Jodl, and
Ribbentrop included conspiracy to commit aggression against Poland in 1939. The Secret Protocols of
the German-Soviet Non-Aggression Pact of 23 August 1939, proposed the partition of Poland between

the Germans and the Soviets (which was subsequently executed in September 1939); however, Soviet leaders were not tried for being part of the same
conspiracy.[78] Instead, the Tribunal proclaimed the
Secret Protocols of the Non-Aggression Pact to be
a forgery. Moreover, Allied Powers Britain and Soviet Union were not tried for preparing and conducting the Anglo-Soviet invasion of Iran and the Winter
War, respectively.
In 1915, the Allied Powers, Britain, France, and
Russia, jointly issued a statement explicitly charging, for the rst time, another government (the
Sublime Porte) of committing a crime against humanity". However it was not until the phrase was
further developed in the London Charter that it had
a specic meaning. As the London Charter denition of what constituted a crime against humanity
was unknown when many of the crimes were committed, it could be argued to be a retroactive law,
in violation of the principles of prohibition of ex
post facto laws and the general principle of penal
law nullum crimen, nulla poena sine praevia lege poenali.[avalon 24]
The court agreed to relieve the Soviet leadership
from attending these trials as war criminals in order
to hide their crimes against war civilians, war crimes
that were committed by their army that included
carving up Poland in 1939 and attacking Finland
three months later. This exclusion request was
initiated by the Soviets and subsequently approved
by the courts administration.[79]
The trials were conducted under their own rules of
evidence. The Charter of the International Military
Tribunal permitted the use of normally inadmissible
evidence. Article 19 specied that The Tribunal
shall not be bound by technical rules of evidence ...
and shall admit any evidence which it deems to have
probative value. Article 21 of the Nuremberg International Military Tribunal (IMT) Charter stipulated:
The Tribunal shall not require proof
of facts of common knowledge but
shall take judicial notice thereof. It
shall also take judicial notice of ofcial governmental documents and
reports of the United [Allied] Nations, including acts and documents
of the committees set up in the
various allied countries for the investigation of war crimes, and the
records and ndings of military and
other Tribunals of any of the United
[Allied] Nations.
Though the ICTY later held it to be awed in
principle,[80] the tu quoque argument, adduced by



German defendants, was admitted as a valid defense during the trials, and the admirals Dnitz and
Raeder were not punished for waging unrestricted
submarine warfare.[80]

The chief Soviet prosecutor submitted false documentation in an attempt to indict defendants for the
murder of thousands of Polish ocers in the Katyn
forest near Smolensk. However, the other Allied
prosecutors refused to support the indictment and
German lawyers promised to mount an embarrassing defense. No one was charged or found guilty
at Nuremberg for the Katyn Forest massacre.[81] In
1990, the Soviet government acknowledged that the
Katyn massacre was carried out, not by the Germans, but by the Soviet secret police.[82]
Freda Utley, in her 1949 book The High Cost of
Vengeance [83] charged the court with amongst other
things double standards. She pointed to the Allied
use of civilian forced labor, and deliberate starvation
of civilians[84][85] in the occupied territories. She
also noted that General Rudenko, the chief Soviet
prosecutor, after the trials became commandant of
the Sachsenhausen concentration camp. (After the
fall of East Germany the bodies of 12,500 Soviet era
victims were uncovered at the camp, mainly children, adolescents and elderly people.[86] )

The Tribunal itself strongly disputed that the

London Charter was ex post facto law, pointing
to existing international agreements signed by Germany that made aggressive war and certain wartime
actions unlawful, such as the Kellogg-Briand Pact,
the Covenant of the League of Nations, and the
Hague Conventions.[avalon 25]
In an editorial at the time The Economist, a British weekly
newspaper, criticised the hypocrisy of both Britain and
France for supporting the expulsion of the Soviet Union
from the League of Nations over its unprovoked attack
against Finland in 1939 and for six years later cooperating with the USSR as a respected equal at Nuremberg.
It also criticised the allies for their own double-standard
at the Nuremberg Trials: nor should the Western world
console itself that the Russians alone stand condemned
at the bar of the Allies own justice. ... Among crimes
against humanity stands the oence of the indiscriminate
bombing of civilian populations. Can the Americans who
dropped the atom bomb and the British who destroyed
the cities of western Germany plead 'not guilty' on this
count? Crimes against humanity also include the mass
expulsion of populations. Can the Anglo-Saxon leaders
who at Potsdam condoned the expulsion of millions of
Germans from their homes hold themselves completely
innocent? ... The nations sitting in judgement have so
clearly proclaimed themselves exempt from the law which
they have administered.[92]

Luise, the wife of Alfred Jodl, attached herself to

her husbands defense team. Subsequently interviewed by Gitta Sereny, researching her biography
of Albert Speer, Luise alleged that in many instances 7.7.1
the Allied prosecution made charges against Jodl
based on documents that they refused to share with
the defense. Jodl nevertheless proved some of the
charges made against him were untrue, such as the
charge that he helped Hitler gain control of Germany in 1933. He was in one instance aided by a
GI clerk who chose to give Luise a document showing that the execution of a group of British commandos in Norway had been legitimate. The GI
warned Luise that if she didn't copy it immediately
she would never see it again.[87]


The main Soviet judge, Iona Nikitchenko, presided

over some of the most notorious of Joseph Stalin's
show trials during the Great Purges of 1936 to 1938,
where he among other things sentenced Kamenev
and Zinoviev.[88] According to the declassied Soviet archives, 681,692 people arrested for counter- Sir David Maxwell Fyfe (at lectern, left) and an unknown
revolutionary and state crimes were shot in 1937 prosecutor
and 1938 alonean average of over 900 executions
One criticism that was made of the IMT was that some
a day.[89]
treaties were not binding on the Axis powers because
The Soviet prosecutor, Roman Rudenko, later be- they were not signatories. This was addressed in the
came commandant of NKVD special camp Nr. judgment relating to war crimes and crimes against
7.[90] By the time the camp closed in the spring of humanity,[avalon 26] which contains an expansion of cus1950, at least 12,000 prisoners had died due to the tomary law: the [Hague] Convention expressly stated
catastrophic prison conditions, hunger and psycho- that it was an attempt 'to revise the general laws and cuslogical or physical exhaustion.[91]
toms of war,' which it thus recognised to be then existing,


but by 1939 these rules laid down in the Convention were
recognised by all civilised nations, and were regarded as
being declaratory of the laws and customs of war which
are referred to in Article 6 (b) of the [London] Charter.

7.8 Introduction of extempore simultaneous interpretation


It was, and still is believed, that the qualities that made

the best interpreters were not just a perfect understanding of two or more languages, but more importantly a
broad sense of culture, encyclopdic knowledge, inquisitiveness, as well as a naturally calm disposition.
With the simultaneous technique being extremely new,
interpreters practically trained themselves, but many
could not handle the pressure or the psychological strain.
Many often had to be replaced, many returned to the
translation department, and many left. Serious doubts
were given as to whether interpretation provided a fair
trial for the defendants, particularly because of fears of
mistranslation and errors made on transcripts. The translation department had to also deal with the overwhelming
problem of being understaed and overburdened with an
inux of documents that could not be kept up with. More
often than not, interpreters were stuck in a session without
having proper documents in front of them and were relied
upon to do sight translation or double translation of texts,
causing further problems and extensive criticism. Other
problems that arose included complaints from lawyers
and other legal professionals with regard to questioning
and cross-examination. Legal professionals were most
often appalled at the slower speed at which they had to
conduct their task because of the extended time required
for interpreters to do an interpretation properly. Also,
a number of interpreters were noted for protesting the
idea of using vulgar language reected in the proceeds,
especially if it referenced Jews or the conditions of the
Nazi concentration camps. Bilingual/trilingual members
who attended the trials picked up quickly on this aspect
of character and were equally quick to le complaints.

The Nuremberg Trials employed four ocial languages:

English, German, French, and Russian. In order to address the complex linguistic issues that clouded over the
proceedings, interpretation and translation departments
had to be established. However, it was feared that consecutive interpretation would slow down the proceedings signicantly. What is therefore unique in both the Nuremberg tribunals and history of the interpretation profession
was the introduction of an entirely new technique, extempore simultaneous interpretation. This technique of interpretation requires the interpreter to listen to a speaker
in a source (or passive) language and orally translate that
speech into another language in real time, that is, simultaneously, through headsets and microphones. Interpreters
were split into four sections, one for each ocial language, with three interpreters per section working from
the other three languages into the fourth (their mother
tongue). For instance, the English booth consisted of
three interpreters, one working from German into English, one working from French, and one from Russian,
etc. Defendants who did not speak any of the four ocial languages were provided with consecutive court interpreters. Some of the languages heard over the course Yet, despite the extensive trial and error, without the inof the proceedings included Yiddish, Hungarian, Czech, terpretation system the trials would not have been possiUkrainian, and Polish.
ble and in turn revolutionized the way multilingual issues
The equipment used to establish this system was pro- were addressed in tribunals and conferences. A number
vided by IBM, and included an elaborate setup of cables of the interpreters following the trials were immediately
which were hooked up to headsets and single earphones recruited into the newly formed United Nations, while
directly from the four interpreting booths (often referred others returned to their ordinary lives, pursued other cato as the aquarium). Four channels existed for each reers, or worked freelance. Outside the boundaries of
working language, as well as a root channel for the pro- the trials, many interpreters continued their positions on
ceedings without interpretation. Switching of channels weekends interpreting for dinners, private meetings bewas controlled by a setup at each table in which the lis- tween judges, and excursions between delegates. Others
tener merely had to turn a dial in order to switch between worked as investigators or editors, or aided the translation
languages. People tripping over the oor-laid cables of- department when they could, often using it as an opportuten led to the headsets getting disconnected, with several nity to sharpen their skills and to correct poor interpretahours at a time sometimes being taken in order to repair tions on transcripts before they were available for public
the problem and continue on with the trials.
Interpreters were recruited and examined by the respective countries in which the ocial languages were
spoken: US, UK, France, the Soviet Union, Germany, Switzerland, and Austria, as well as in special
cases Belgium and the Netherlands. Many were former
translators, army personnel, and linguists, some were experienced consecutive interpreters, others were ordinary
individuals and even recent secondary school-graduates
who led international lives in multilingual environments.

For further reference, a book titled The Origins of Simultaneous Interpretation: The Nuremberg Trial, written by interpreter Francesca Gaiba, was published by the
University of Ottawa Press in 1998.
Today, all major international organizations, as well as
any conference or government that uses more than one
ocial language, uses extempore simultaneous interpretation. Notable bodies include the Parliament of Kosovo



with three ocial languages, the Parliament of Canada

with two ocial languages, the Parliament of South
Africa with eleven ocial languages, the European Union
with twenty-four ocial languages, and the United Nations with six ocial working languages.

[7] Wright 1946, p. 74.

[8] Shooting top Nazis? The Nuremberg option wasn't apple
pie either. The Guardian. October 26, 2012. Retrieved
April 21, 2013.
[9] Senarclens 1988, pp. pp. 1920.

7.9 See also

Nuremberg Trials bibliography
Command responsibility
Dora Trial
Eichmann in Jerusalem
Einsatzgruppen Trial
International Military Tribunal for the Far East
Judgment at Nuremberg (1961 lm)
Nuremberg (2000 lm)
List of Axis personnel indicted for war crimes

[10] Crossland, John (1 January 2006). Churchill: execute

Hitler without trial. The Sunday Times. Archived from
the original on 11 March 2007. Retrieved 23 November
[11] Tehran Conference: Tripartite Dinner Meeting 29
November 1943 Soviet Embassy, 8:30 PM
[12] United States Department of State Foreign relations of the
United States. Conferences at Malta and Yalta, 1945. p.
[13] The original memorandum from 1944, signed by Morgenthau. 2004-05-27. Retrieved
[14] The original Morgenthau memorandum from 1944. 2004-05-27. Retrieved 2013-0104.

Nuremberg Diary, an account of observations and

discussions with the defendants by an American psychiatrist

[15] Lawrence 1947, p. 151.

Research Materials: Max Planck Society Archive

[17] Henkel (ed.), Matthias (2011), Memoriam Nuernberger

Prozesse, exhibition catalogue (German), Nuremberg:
Museen der Stadt Nuernberg, 32 pp.

Superior orders

[16] Overy 2001, pp. 1920.

Transitional justice

[18] Heydecker, Joe J.; Leeb, Johannes (1979). Der Nrnberger Proze (in German). Kln: Kiepenheuer und
Witsch. p. 97.

7.10 References

[19] Minutes of 2nd meeting of BWCE and the Representatives of the USA. Kew, London: Lord Chancellors Oce,
Public Record Oce. 21 June 1945.


[20] Rough Notes Meeting with Russians. Kew, London: Lord

Chancellors Oce, Public Record Oce. 29 June 1945.

Tokyo War Crimes Tribunal


[1] Marrus 1997, p. 563.

[21] Overy 2001, p. 15.

[2] Harris 2006, p. 106.


[3] Cooper 2011, p. 38. On October 6, in Berlin, the

Chief Prosecutors signed the momentous Indictment setting forth the charges ... against Hermann Gring and his
associates and the six organizations, named as criminal, to
which they belonged.

[23] Davidson 1997, p. 301.

[4] Lawrence 1947, pp. 1523. This speech by Lawrence is

reprinted in Mettraux 2008, pp. 2909.

[25] Ehrenfreund, Norbert. The Nuremberg Legacy. New

York: Palgrave Macmillan, 2007. Print.

[5] Kochavi 1998, pp. 78.

[26] Henkel (ed.), Matthias (2011), Memoriam Nuernberger

Prozesse, exhibition catalogue (German), Nuremberg:
Museen der Stadt Nuernberg, 78 pp.

[6] Heller 2011, page 9. According to Marrus 1997, page

563, Roosevelt had already written to Rabbi Stephen
Wise, president of the American Jewish Congress, in July
1942, saying: The American people not only sympathise
with all victims of Nazi crimes, but will hold the perpetrators of these crimes to strict accountability in a day of
reckoning which will surely come.

[24] Henkel (ed.), Matthias (2011), Memoriam Nuernberger

Prozesse, exhibition catalogue (German), Nuremberg:
Museen der Stadt Nuernberg, 6769 pp.

[27] Summary of the indictment in Department of State Bulletin, October 21, 1945, p. 595
[28] President of the Reich for 23 days after Adolf Hitlers
suicide.[avalon 3]


[29] Henkel (ed.), Matthias (2011), Memoriam Nuernberger

Prozesse, exhibition catalogue (German), Nuremberg:
Museen der Stadt Nuernberg, 46 pp.
[30] William L. Shierer The Rise and Fall of the third reich,
Nuremberg-chapter of part IV
[31] Evans 2008, p. 509, 724.
[32] Henkel (ed.), Matthias (2011), Memoriam Nuernberger
Prozesse, exhibition catalogue (German), Nuremberg:
Museen der Stadt Nuernberg, 40 pp.
[33] Henkel (ed.), Matthias (2011), Memoriam Nuernberger
Prozesse, exhibition catalogue (German), Nuremberg:
Museen der Stadt Nuernberg, 47 pp.
[34] Clapham, Andrew (2003). Issues of complexity, complicity and complementarity: from the Nuremberg Trials
to the dawn of the International Criminal. In Philippe
Sands. From Nuremberg to the Hague: the future of international criminal justice. Cambridge University Press.
ISBN 0-521-82991-7. The tribunals eventual decision
was that Gustav Krupp could not be tried because of his
condition but that 'the charges against him in the Indictment should be retained for trial thereafter if the physical
and mental condition of the defendant should permit'.
[35] Bower 1995, p. 347.
[36] William L Shierer the Rise and Fall of the third Reich,
part IV, Nuremberg-chapter
[37] Brunner 2001, p. 234.
[38] Gilbert 1995, pp. 301. Gilbert does not provide Leys
IQ, presumably because Ley committed suicide before
the tests were done, though Gilbert is not explicit on this
point. Sereny 1995, p. 573, records that Speer regarded
the tests as idiotic, and so responded to them, and to the
Rorschach test in particular, with total nonsense. Coincidentally, Brunner 2001, p. 234, argues that, given
the circumstances in which they were carried out, the
Rorschach tests were almost useless by present standards;
one might also mention a number of other invalidating
factors, such as the dated technique by which the records
were generated and the use of interpreters in some of
the Rorschach interviews. Moreover, in some cases no
verbatim notes were taken, whereas other protocols were
recorded by a psychologist who seems to have had no previous experience with the Rorschach.
[39] . Nuremberg Defendants at ukmc. Retrieved 21 November 2012.
[40] See also Gilbert, G. M. Nuremberg Diary (1947), p. 3031, for additional information.
[41] Goldensohn 2004.
[42] Henkel (ed.), Matthias (2011), Memoriam Nuernberger
Prozesse, exhibition catalogue (German), Nuremberg:
Museen der Stadt Nuernberg, 7884 pp.
[43] David W. Del Testa, Florence Lemoine, John Strickland
(2003). Government leaders, military rulers, and political
activists. Greenwood Publishing Group. p.83. ISBN 157356-153-3


[44] "Germany The Nuremberg Trials". Library of Congress

Country Studies.
[45] War Crimes: Night without Dawn. Time Magazine Monday 28 October 1946
[46] Shnayerson, Robert (October 1996). Judgment at
Nuremberg (PDF). Smithsonian Magazine. pp. 124
141. Archived from the original (PDF) on 30 April 2011.
The trial removed 11 of the most despicable Nazis from
life itself. In the early morning hours of Wednesday, October 16, 1946, ten men died in the courthouse gymnasium in a botched hanging that left some strangled to death
for as long as 25 minutes.
[47] The Trial of the Century and of All Time, part two.
Flagpole Magazine. 17 July 2002. p. 6. Archived from
the original on 2 March 2009. the experienced Army
hangman, Master Sgt. John C. Woods, botched the execution. A number of the hanged Nazis died, not quickly
from a broken neck as intended, but agonizingly from slow
strangulation. Ribbentrop and Sauckel each took 14 minutes to choke to death, while Keitel, whose death was the
most painful, struggled for 28 minutes at the end of the
rope before expiring.
[48] Colonel French L. MacLean, The Fifth Field: The Story of
the 96 American Soldiers Sentenced to Death and Executed
in Europe and North Africa in World War II (Atglen, PA:
Schier Publishing, 2013), ISBN 9780764345777.
[49] Henkel (ed.), Matthias (2011), Memoriam Nuernberger
Prozesse, exhibition catalogue (German), Nuremberg:
Museen der Stadt Nuernberg, 87 pp.
[50] Overy 2001, p. 205.
[51] Persico 2000, p. 111.
[52] Persico 2000, p. 62.
[53] Smith 1977, p. 33.
[54] Smith 1977, p. 34.
[55] Persico 2000, p. 396.
[56] Neave 1978, p. 24.
[57] Neave 1978, pp. 33940.
[58] Neave 1978, p. 297.
[59] Roland, Paul. The Nuremberg Trials. London: Arcturus
Publishing Limited, 2012. Print.
[61] Heller 2011, p. 3.
[62] Yearbook of the International Law Commission, 1950. Retrieved 2013-10-21.
[63] Ehrenfreund, Norbert. The Nuremberg Legacy. New
York: Palgrave Macmillan, 2007. Print.
[64] Gilbert 1995, p. 36.
[65] Zolo 2009.



[66] See, e.g., statement of Professor Nicholls of St. Antonys

College, Oxford, that "[t]he Nuremberg trials have not
had a very good press. They are often depicted as a form
of victors justice in which people were tried for crimes
which did not exist in law when they committed them,
such as conspiring to start a war.Prof. Anthony Nicholls,
University of Oxford
[67] Biddiss 1995.
[68] See, e.g., BBC Article for BBC by Prof. Richard Overy
("[T]hat the war crimes trials ... were expressions of a
legally dubious 'victors justice' was [a point raised by] ...
senior [Allied] legal experts who doubted the legality of
the whole process ... There was no precedent. No other
civilian government had ever been put on trial by the authorities of other states ... What the Allied powers had
in mind was a tribunal that would make the waging of aggressive war, the violation of sovereignty and the perpetration of what came to be known in 1945 as 'crimes against
humanity' internationally recognized oences. Unfortunately, these had not previously been dened as crimes in
international law, which left the Allies in the legally dubious position of having to execute retrospective justice
to punish actions that were not regarded as crimes at the
time they were committed.)

Institute of International Law, Wuhan, China) 3 (1): 87

134. ISSN 1746-9937. . . . in the light of the similar conduct of the British Admiralty and the United States Navy,
the tribunal did not impose any punishment on the Admirals for these violations; they were punished for other
violations only. [p. 103] . . . the tu quoque argument received recognition at the International Military Tribunal
at Nuremberg [p. 117] . . . the . . . the [ICTY] Trial
Chamber argued that 'the tu quoque argument is awed in
principle' . . . [p. 119]
[81] German Defense Team Clobbers Soviet Claims. 1995-08-26. Retrieved 2009-04-04.
[82] BBC News story: Russia to release massacre les, 16 December 2004 online
[83] The Nuremberg Judgments. Retrieved
[84] Richard Dominic Wiggers, The United States and the Refusal to Feed German Civilians after World War II
[85] Davidson 1999, p. 85. US military personnel and their
wives were under strict orders to destroy or otherwise render inedible their own leftover surplus so as to ensure it
could not be eaten by German civilians.

[69] See Paper of Jonathan Graubart, San Diego State University, Political Science Department, published online
Graubart Article, referring to the ex post facto nature of
the charges.

[86] "Germans Find Mass Graves at an Ex-Soviet Camp" The

New York Times, September 24, 1992

[70] Wright 1948, pp. 4057.

[88] Encyclopedia Krugosvet (Russian)

[71] Mason 1968, p. 716.

[89] Abbott Gleason (2009). "A Companion to Russian History". Wiley-Blackwell. p.373. ISBN 1-4051-3560-3

[72] Luban 1994, p. 3601.

[73] The Legacy of Nuremberg. PBS Online / WGBH. 1
March 2006. Retrieved 23 November 2011.
[74] 'Dnitz at Nuremberg: A Reappraisal', H. K. Thompson,
Jr. and Henry Strutz, (Torrance, Calif.: 1983)
[75] Ambruster, Howard Watson (1947). Treasons Peace.
Beechhurst Press.
[76] 'The Frankfurt Auschwitz Trial, 19631965: Genocide,
History, and the Limits of the Law' by Devin O. Pendas, Boston College, Massachusetts. (ISBN 978-0-52112798-1)

[87] Sereny 1995, p. 578.

[90] Parish (2011), p. 90

[91] The Soviet special camp No.7 / No. 1 1945 1950.
Retrieved 2015-02-22.
[92] 'The Nuremberg Judgment' editorial, The Economist
(London), Oct. 5, 1946, p. 532.; See also: J. McMillan, Five Men at Nuremberg, pp. 67, 173174, 380, 414

7.10.2 Citations
Avalon Project

[77] A. L. Goodhart, The Legality of the Nuremberg Trials,

Juridical Review, April, 1946.

These citations refer to documents at The International

Military Tribunal for Germany. The Avalon Project:
[78] Bauer, Eddy The Marshall Cavendish Illustrated Encyclo- Documents in Law, History, and Diplomacy. Yale Law
pedia of World War II Volume 22 New York: Marshall School Lillian Goldman Law Library.
Cavendish Corporation 1972 page 3071.

[79] BBC News. 1945: Nuremberg trial of Nazis begins.

November 20, 1945.
[80] Yee, Sienho (1 January 2004). The Tu Quoque Argument as a Defence to International Crimes, Prosecution or
Punishment. Chinese Journal of International Law (Oxford University Press in association with the Chinese Society of International Law, Beijing, and Wuhan University

[1] Nuremberg Trial Proceedings Indictment: Appendix B.

[2] Bormann judgement.
[3] Dnitz judgement.
[4] Frank judgement.
[5] Frick judgement.


[6] Fritzsche judgement.

[7] Funk judgement.
[8] Goering judgement.
[9] Hess judgement.
[10] Jodl judgement.
[11] Kaltenbrunner judgement.
[12] Keitel judgement.
[13] Von Neurath judgement.
[14] Von Papen judgement.
[15] Raeder judgement.
[16] Von Ribbentrop judgement.
[17] Rosenberg judgement.
[18] Sauckel judgement.
[19] Schacht judgement.
[20] Von Schirach judgement.
[21] Seyss-Inquart judgement.
[22] Speer judgement.

Brennecke, Gerhard. Die Nrnberger Geschichtsentstellung.
Quellen zur Vorgeschichte und
Geschichte des 2. Weltkriegs aus den Akten der
deutschen Verteidigung. Verentlichungen des
Instituts fr deutsche Nachkriegsgeschichte, Vol.
V. 2nd Ed. Tbingen: Verlag der Deutschen
Hochschullehrer-Zeitung, 1970.
Brunner, Jos (September 2001). "Oh those
crazy cards again: a history of the debate on the
Nazi Rorschachs, 19462001. Political Psychology (Wiley) 22 (2): 233261. doi:10.1111/0162895X.00237. JSTOR 3791925. (subscription required)
Cooper, Robert W. (2011) [1947]. The Nuremberg
Trial. London: Faber & Faber. ISBN 978-0-57127273-0.
Davidson, Eugene (1997) [1966]. The Trial of the
Germans: An Account of the Twenty-Two Defendants Before the International Military Tribunal at
Nuremberg. Columbia, MI: University of Missouri
Press. ISBN 978-0-8262-1139-2.
Davidson, Eugene (1999) [1959]. The Death and
Life of Germany. Columbia, MI: University of Missouri Press. ISBN 0-8262-1249-2.

[23] Streicher judgement.

Evans, Richard J. (2008). The Third Reich at War.

London: Allen Lane. ISBN 978-0-7139-9742-2.

[24] Motion adopted by all defense counsel. The Avalon

Project: Nuremberg Trial Proceedings volume 1. Lillian
Goldman Law Library. 19 November 1945. Retrieved
23 November 2011.

Gilbert, Gustave M. (1995) [1947]. Nuremberg Diary. Cambridge, MA: Da Capo Press. ISBN 9780-306-80661-2.

[25] International Military Tribunal, Judgment of the International Military Tribunal (1946)". Archived from the original on January 7, 2015.

Goldensohn, Leon N. (2004). The Nuremberg Interviews: Conversations with the Defendants and Witnesses. New York, NY: Alfred A. Knopf. ISBN

[26] Judgement: The Law Relating to War Crimes and Crimes

Against Humanity in the Avalon Project archive at Yale
Law School

Fichtelberg, Aaron. Fair Trials and International
Courts: A Critical Evaluation of the NurembergLegacy. Criminal Justice Ethics 28.1 (2009): 524.
ProQuest Criminal Justice. Web. 16 Oct. 2013.



Biddiss, Michael (1995). Victors Justice? The

Nuremberg Tribunal (PDF). History Today 45 (5).
Bower, Tom (1995) [1981]. Blind Eye to Murder: Britain, America and the Purging of Nazi
GermanyA Pledge Betrayed (2nd revised ed.).
London Little, Brown. ISBN 978-0-316-87668-1.

Harris, Whitney R. (2006). Tyranny on Trial

Trial of Major German War Criminals at Nuremberg, 19451946. In Herbert R. Reginbogin;
Christoph J. M. Saerling. The Nuremberg Trials:
International Criminal Law Since 1945 / Die Nrnberger Prozesse: Vlkerstrafrecht seit 1945. Berlin:
Walter de Gruyter. pp. 106114. ISBN 978-3-11094484-6.
Heller, Kevin Jon (2011). The Nuremberg Military
Tribunals and the Origins of International Criminal
Law. Oxford: Oxford University Press. ISBN 9780-19-923233-8.
Kochavi, Arieh J. (1998). Prelude to Nuremberg:
Allied War Crimes Policy and the Question of Punishment. Chapel Hill, NC: University of North Carolina Press. ISBN 978-0-8078-2433-7.
Lawrence, Georey (1947).
The Nuremberg Trial.
International Aairs 23 (2):



3018884.(subscription required)


Luban, David (1994). Legal Modernism: Law,

Meaning, and Violence. Ann Arbor, MI: University
of Michigan Press. ISBN 978-0-472-10380-5.
MacLean, French L. (2013). The Fifth Field: The
Story of the 96 American Soldiers Sentenced to
Death and Executed in Europe and North Africa in
World War II,. Atglen, PA: Schier Publishing,.
Marrus, Michael R. (1997). The Nuremberg Trial:
Fifty Years After. The American Scholar 66
(4): 563570. JSTOR 41212687.(subscription required)
Marrus, Michael R. Three Roads From Nuremberg, Tablet magazine, Nov. 20, 2015.
Mason, Alpheus Thomas (1968) [1956]. Harlan
Fiske Stone: Pillar of the Law. Hamden, CT: Archon Books.
Mettraux, Gunal, ed. (2008). Perspectives on the
Nuremberg Trial. Oxford: Oxford University Press.
ISBN 978-0-19-923233-8.
Neave, Airey (1978). Nuremberg: A Personal
Record of the Trial of the Major Nazi War Criminals. Grafton Books.
Overy, Richard (2001). Interrogations: The Nazi
Elite in Allied Hands. London: Allen Lane. ISBN
Parish, Matthew (2011). Mirages of International
Justice: The Elusive Pursuit of a Transnational
Legal Order. Edward Elgar Publishing. ISBN
Persico, Joseph E. (2000) [1994]. Nuremberg: Infamy on Trial. London: Penguin Books. ISBN 9780-14-029815-4.
Senarclens, Pierre de (1988).
Brunswick, NJ: Transaction Publishers. ISBN 088738-152-9.
Sereny, Gitta (1995), Albert Speer: His Battle
with Truth, London: Macmillan, ISBN 978-0-33364519-2
Smith, Bradley F. (1977). Reaching Judgment at
Nuremberg. Basic Books.
Wright, Quincy (July 1946).
The Nuremberg Trial. Annals of the American Academy
of Political and Social Science 246: 7280.
1025134.(subscription required)

Wright, Quincy (April 1948).

Legal Positivism and the Nuremberg Judgment.
American Journal of International Law 42
(2): 405414. doi:10.2307/2193683. JSTOR
2193683.(subscription required)
Zolo, Danilo (2009). Victors Justice: From Nuremberg to Baghdad. New York & London: Verso
Books. ISBN 978-1-84467-317-9.

7.11 Further reading

Conot, Robert E. (1983). Justice at Nuremberg.
New York: Harper & Row. ISBN 006015117X.
Priemel, Kim C.; Stiller, Alexa, eds. (2012).
Reassessing the Nuremberg Military Tribunals:
Transitional Justice, Trial Narratives, and Historiography. Berghahn Books. ISBN 978-0-85745-5321.

7.12 External links

Documentary shown at the Nuremberg trial in
November, 1945 exhibiting the horrors of the concentration camps
The Nuremberg Trials on the Yad Vashem website
Ocial records of the Nuremberg trials (The Blue
series) in 42 volumes from the records of the Library
of congress
Donovan Nuremberg Trials Collection Cornell Law
Nuremberg Trials Project: A digital document collection Harvard Law School Library
The Avalon Project
Charter of the International Military Tribunal
(Nuremberg trials)
The Subsequent Nuremberg Trials
Special focus on The trials USHMM
A Tree Fell in the Forest: The Nuremberg Judgments 60 Years On, JURIST
Bringing a Nazi to justice: how I cross-examined 'fat
boy' Gring,
The Nuremberg Judgments, Chapter 6 from The
High Cost of Vengeance, by Freda Utley, Henry Regnery Company, Chicago, (1948). Made available by
The Freda Utley Foundation


Francine Hirsch, The Soviets at Nuremberg: International Law, Propaganda, and the Making of the
Postwar Order
International Military Tribunal, Nuremberg trials
transcripts and documentary evidence of German
medical experiments in the commission of war
crimes and crimes against humanity 19461947,
United States National Library of Medicine
Nuremberg Trial Collection The Northwestern
University Special Collections archival collection
amassed by Charles J. Gallagher, a court reporter
at the trials.


Chapter 8

International Military Tribunal for the Far

For the Japanese documentary lm, see International
Military Tribunal for the Far East (lm).
The Tokyo Trial redirects here. For the Chinese drama
lm, see The Tokyo Trial (lm).
The International Military Tribunal for the Far

ual slavery, torture, ill-treatment of labourers, execution

without trial and inhumane medical experiments. China
held 13 tribunals, resulting in 504 convictions and 149
The Japanese Emperor Hirohito and all members of the
imperial family, such as career ocer Prince Yasuhiko
Asaka, were not prosecuted for involvement in any of
the three categories of crimes. Herbert Bix explained,
the Truman administration and General MacArthur
both believed the occupation reforms would be implemented smoothly if they used Hirohito to legitimise their
changes.[1] As many as 50 suspects, such as Nobusuke
Kishi, who later became Prime Minister, and Yoshisuke
Aikawa, head of Nissan, were charged but released in
1947 and 1948. Shiro Ishii received immunity in exchange for data gathered from his experiments on live
prisoners. The lone dissenting judge to exonerate all indictees was Indian jurist Radhabinod Pal.
The tribunal was adjourned on November 12, 1948.

The International Military Tribunal for the Far East was convened at Ichigaya Court, formerly the Imperial Japanese Army
HQ building, in Ichigaya, Tokyo.

East (IMTFE), also known as the Tokyo Trials or the

Tokyo War Crimes Tribunal, was convened on April
29, 1946, to try the leaders of the Empire of Japan for
three types of war crimes. Class A crimes were reserved for those who participated in a joint conspiracy to
start and wage war, and were brought against those in the
highest decision-making bodies; Class B crimes were
reserved for those who committed conventional atrocities or crimes against humanity; Class C crimes were
reserved for those in the planning, ordering, authorization, or failure to prevent such transgressions at higher
levels in the command structure.
Twenty-eight Japanese military and political leaders were
charged with waging aggressive war and with responsibility for conventional war crimes. More than 5,700 lowerranking personnel were charged with conventional war
crimes in separate trials convened by Australia, China,
France, The Netherlands, the Philippines, the United
Kingdom and the United States. The charges covered a
wide range of crimes including prisoner abuse, rape, sex-

8.1 Background
The Tribunal was established to implement the Cairo
Declaration, the Potsdam Declaration, the Instrument of
Surrender, and the Moscow Conference. The Potsdam
Declaration had called for trials and purges of those who
had deceived and misled the Japanese people into war.
However, there was major disagreement, both among the
Allies and within their administrations, about whom to
try and how to try them. Despite the lack of consensus, General Douglas MacArthur, the Supreme Commander of the Allied Powers, decided to initiate arrests. On
September 11, a week after the surrender, he ordered the
arrest of 39 suspectsmost of them members of General
Hideki Tj's war cabinet. Tj tried to commit suicide,
but was resuscitated with the help of U.S. doctors.



The judges

8.2 Creation of the court

On January 19, 1946, MacArthur issued a special proclamation ordering the establishment of an International
Military Tribunal for the Far East (IMTFE). On the same
day, he also approved the Charter of the International
Military Tribunal for the Far East (CIMTFE), which prescribed how it was to be formed, the crimes that it was to
consider, and how the tribunal was to function. The charter generally followed the model set by the Nuremberg
Trials. On April 25, in accordance with the provisions
of Article 7 of the CIMTFE, the original Rules of Procedure of the International Military Tribunal for the Far
East with amendments were promulgated.[2][3][4]


The defendants

Naoki Hoshino, chief cabinet secretary

Kichi Kido, Lord Keeper of the Privy Seal
Toshio Shiratori, Ambassador to Italy
Shigenori Tg, foreign minister (19411942,
Mamoru Shigemitsu, foreign minister (19431945)
Okinori Kaya, nance minister (19411944)
Ysuke Matsuoka, foreign minister (19401941)

8.3.2 Military ocers



MacArthur appointed a panel of 12 judges, nine from the

nations that signed the Instrument of Surrender.
The famous legal scholar Roscoe Pound was also apparently favourably disposed to replacing John P. Higgins as
a judge but an appointment did not eventuate.[5]



General Hideki Tj, prime minister (19411944),

war minister (19401944), chief of the Imperial
Japanese Army General Sta Oce (1944)
General Seishir Itagaki, war minister (1938-1939)
General Sadao Araki, war minister (19311934)
Field Marshal Shunroku Hata, war minister (1939

The chief prosecutor, Joseph B. Keenan of the United

States, was appointed by President Harry S. Truman.

Admiral Shigetar Shimada, navy minister (1941

1944), chief of the Imperial Japanese Navy General
Sta (1944)

8.3 Defendants

Lieutenant General Kenry Sat, chief of the Military Aairs Bureau

Twenty-eight defendants were charged, mostly military

ocers and government ocials.


Civilian ocials

Kki Hirota, prime minister (19361937), foreign

minister (19331936, 19371938)
Kiichir Hiranuma, prime minister (1939), president of the privy council

General Kuniaki Koiso, prime minister (1944

1945), governor-general of Korea (19421944)
Vice Admiral Takazumi Oka, chief of the Bureau
of Naval Aairs
Lieutenant General Hiroshi shima, ambassador to
Fleet Admiral Nagano Osami, navy minister (1936
1937), chief of the Imperial Japanese Navy General
Sta (19411944)



General Jir Minami, governor-general of Korea 8.4.1 Charges

Following the model used at the Nuremberg Trials in
General Kenji Doihara, chief of the intelligence ser- Germany, the Allies established three broad categories.
vice in Manchukuo
Class A charges, alleging crimes against peace, were to
be brought against Japans top leaders who had planned
General Heitar Kimura, commander of the Burma
and directed the war. Class B and C charges, which
Area Army
could be leveled at Japanese of any rank, covered conven General Iwane Matsui, commander of the Shanghai tional war crimes and crimes against humanity, respecExpeditionary Force and Central China Area Army tively. Unlike the Nuremberg Trials, the charge of crimes
against peace was a prerequisite to prosecutiononly
Lieutenant General Akira Mut, chief of sta of the those individuals whose crimes included crimes against
peace could be prosecuted by the Tribunal.
14th Area Army
The indictment accused the defendants of promoting
Colonel Kingor Hashimoto, founder of Sakurakai a scheme of conquest that contemplated and carried
out...murdering, maiming and ill-treating prisoners of
General Yoshijir Umezu, commander of the
war (and) civilian internees...forcing them to labor unKwantung Army, chief of the Imperial Japanese
der inhumane conditions...plundering public and private
Army General Sta Oce (19441945)
property, wantonly destroying cities, towns and villages
Lieutenant General Teiichi Suzuki, chief of the Cab- beyond any justication of military necessity; (perpetrating) mass murder, rape, pillage, brigandage, torture
inet Planning Board
and other barbaric cruelties upon the helpless civilian
population of the over-run countries.


Other defendants

Shmei kawa, a political philosopher

8.4 Tokyo War Crimes Trial

Keenan issued a press statement along with the indictment: War and treaty-breakers should be stripped of the
glamour of national heroes and exposed as what they really areplain, ordinary murderers.

8.4.2 Evidence and testimony

The prosecution began opening statements on May 3,
1946, and took 192 days to present its case, nishing
on January 24, 1947. It submitted its evidence in fteen
The Charter provided that evidence against the accused
could include any document without proof of its issuance or signature as well as diaries, letters, press reports, and sworn or unsworn out-of-court statements relating to the charges.[6] Article 13 of the Charter read, in
part: The tribunal shall not be bound by technical rules
of evidence...and shall admit any evidence which it deems
to have probative value.[7]

Wartime press releases of the Allies were admitted as evidence by the prosecution, while those sought to be entered by the defense were excluded. The recollection of
Following months of preparation, the IMTFE convened a conversation with a long-dead man was admitted. Leton April 29, 1946. The trials were held in the War Min- ters allegedly written by Japanese citizens were admitted
istry oce in Tokyo.
with no proof of authenticity and no opportunity for cross
On May 3 the prosecution opened its case, charging the examination by the defense.
defendants with conventional war crimes, crimes against The Tribunal embraced the best evidence rule once the
peace, and crimes against humanity. The trial contin- Prosecution had rested.[9] The best evidence rule dictates
ued for more than two and a half years, hearing testi- that the best or most authentic evidence must be promony from 419 witnesses and admitting 4,336 exhibits of duced (For example, a map instead of a description of
evidence, including depositions and adavits from 779 the map; an original instead of a copy; and a witness instead of a description of what the witness may have said).
other individuals.
View of the Tribunal in session: the bench of judges is on the
right, the defendants on the left, and the prosecutors in the back.


Justice Pal, one of two justices to vote for acquittal on
all counts, observed, in a proceeding where we had to
allow the prosecution to bring in any amount of hearsay
evidence, it was somewhat misplaced caution to introduce
this best evidence rule particularly when it operated practically against the defense only.[9]
To prove their case, the prosecution team relied on the
doctrine of "command responsibility". This doctrine was
that it did not require proof of criminal orders. The prosecution had to prove three things: that war crimes were
systematic or widespread; the accused knew that troops
were committing atrocities; and the accused had power
or authority to stop the crimes.


8.4.4 Judgment
The IMT spent six months reaching judgment and drafting its 1,781-page opinion. On the day the judgment was
read, ve of the eleven justices released separate opinions
outside the court.
In his concurring opinion Justice William Webb of Australia took issue with Emperor Hirohitos legal status,
writing, The suggestion that the Emperor was bound to
act on advice is contrary to the evidence. While refraining from personal indictment of Hirohito, Webb indicated that Hirohito bore responsibility as a constitutional
monarch who accepted ministerial and other advice for
war and that no ruler can commit the crime of launching aggressive war and then validly claim to be excused
for doing so because his life would otherwise have been in
danger...It will remain that the men who advised the commission of a crime, if it be one, are in no worse position
than the man who directs the crime be committed.[11]

The prosecution argued that a 1927 document known as

the Tanaka Memorial showed that a common plan or
conspiracy to commit crimes against peace bound the
accused together. Thus, the prosecution argued that the
conspiracy had begun in 1927 and continued through to
the end of the war in 1945. The Tanaka Memorial is
now considered by most historians to have been a forgery;
Justice Deln Jaranilla of the Philippines disagreed with
however, it was not regarded as such at the time.
the penalties imposed by the tribunal as being too lenient, not exemplary and deterrent, and not commensurate with the gravity of the oence or oences committed.



The defendants were represented by over a hundred attorneys, three-quarters of them Japanese and one-quarter
American, plus a support sta. The defense opened its
case on January 27, 1947, and nished its presentation
225 days later on September 9, 1947.

Justice Henri Bernard of France argued that the tribunals

course of action was awed due to Hirohitos absence and
the lack of sucient deliberation by the judges. He concluded that Japans declaration of war had a principal
author who escaped all prosecution and of whom in any
case the present Defendants could only be considered as
accomplices,[12] and that a verdict reached by a Tribunal after a defective procedure cannot be a valid one.

The defense argued that the trial could never be free

from substantial doubt as to its legality, fairness and It is well-nigh impossible to dene the concept of initiating or waging a war of aggression both accurately and
comprehensively, wrote Justice Rling of the NetherThe defense challenged the indictment, arguing that
lands in his dissent. He stated, I think that not only
crimes against peace, and more specically, the unde- should there have been neutrals in the court, but there
ned concepts of conspiracy and aggressive war, had yet
should have been Japanese also. He argued that they
to be established as crimes in international law; in eect, would always have been a minority and therefore would
the IMTFE was contradicting accepted legal procedure
not have been able to sway the balance of the trial. Howby trying the defendants retroactively for violating laws ever, they could have convincingly argued issues of govwhich had not existed when the alleged crimes had been
ernment policy which were unfamiliar to the Allied juscommitted. The defense insisted that there was no ba- tices. Pointing out the diculties and limitations in
sis in international law for holding individuals responsi- holding individuals responsible for an act of state and
ble for acts of state, as the Tokyo Trial proposed to do. making omission of responsibility a crime, Rling called
The defense attacked the notion of negative criminality, for the acquittal of several defendants, including Hirota.
by which the defendants were to be tried for failing to prevent breaches of law and war crimes by others, as likewise Justice Radhabinod Pal of India produced a 1,235-page
judgment in which he dismissed the legitimacy of the
having no basis in international law.
IMTFE as victors justice: I would hold that each and
The defense argued that Allied Powers violations of in- every one of the accused must be found not guilty of
ternational law should be examined.
each and every one of the charges in the indictment and
Former Foreign Minister Shigenori Tg maintained that should be acquitted on all those charges. While taking
Japan had had no choice but to enter the war for self- into account the inuence of wartime propaganda, exagdefense purposes. He asserted that "[because of the Hull gerations, and distortions of facts in the evidence, and
Note] we felt at the time that Japan was being driven ei- over-zealous and hostile witnesses, Pal concluded,
ther to war or suicide.
The evidence is still overwhelming that atrocities were



perpetrated by the members of the Japanese armed forces

against the civilian population of some of the territories
occupied by them as also against the prisoners of war.



One defendant, Shmei kawa, was found mentally unt

for trial and the charges were dropped.
Two defendants, Matsuoka Yosuke and Nagano Osami,
died of natural causes during the trial.
Six defendants were sentenced to death by hanging for
war crimes, crimes against humanity, and crimes against
peace (Class A, Class B and Class C):

Marquis Kichi Kido, Lord Keeper of the Privy Seal

General Kuniaki Koiso, governor of Korea, later
prime minister
General Jir Minami, commander, Kwantung Army
Admiral Takazumi Oka, naval minister
Lieutenant General Hiroshi shima, Ambassador to
General Kenry Sat, chief of the Military Aairs
Admiral Shigetar Shimada, naval minister
Toshio Shiratori, Ambassador to Italy

General Kenji Doihara, chief of the intelligence services in Manchukuo

Kki Hirota, prime minister (later foreign minister)

Lieutenant General Teiichi Suzuki, president of the

Cabinet Planning Board
General Yoshijir Umezu, war minister

General Seishir Itagaki, war minister

Foreign minister Shigenori Tg was sentenced to 20
General Heitar Kimura, commander, Burma Area
years imprisonment and died in prison in 1949. Foreign
minister Mamoru Shigemitsu was sentenced to 7 years.
Lieutenant General Akira Mut, chief of sta, 14th The verdict and sentences of the tribunal were conrmed
Area Army
by MacArthur on November 24, 1948, two days after a
perfunctory meeting with members of the Allied Control
General Hideki Tj, commander, Kwantung Army
Commission for Japan, who acted as the local represen(later prime minister)
tatives of the nations of the Far Eastern Commission. Six
of those representatives made no recommendations for
One defendant was sentenced to death by hanging for war clemency. Australia, Canada, India, and the Netherlands
crimes and crimes against humanity (Class B and Class were willing to see the general make some reductions in
sentences. He chose not to do so. The issue of clemency
was thereafter to disturb Japanese relations with the Al General Iwane Matsui, commander, Shanghai Ex- lied powers until the late 1950s, when a majority of the
peditionary Force and Central China Area Army
Allied powers agreed to release the last of the convicted
major war criminals from captivity.
They were executed at Sugamo Prison in Ikebukuro on
December 23, 1948. MacArthur, afraid of embarrassing
and antagonizing the Japanese people, deed the wishes 8.5 Other war crimes trials
of President Truman and barred photography of any kind,
instead bringing in four members of the Allied Council to
According to Japanese records, 5,700 Japanese individact as ocial witnesses.
uals were indicted for Class B and Class C war crimes.
Sixteen defendants were sentenced to life imprisonment. Of this number, 984 were initially condemned to death;
Three (Koiso, Shiratori, and Umezu) died in prison, while 475 received life sentences; 2,944 were given more limthe other thirteen were paroled between 1954 and 1956: ited prison terms; 1,018 were acquitted; and 279 were
never brought to trial or not sentenced. The number of
death sentences by country is as follows: the Netherlands
General Sadao Araki, war minister
236, Great Britain 223, Australia 153, China 149, United
Colonel Kingor Hashimoto, major instigator of the States 140, France 26, and Philippines 17.[13] The Soviet
second Sino-Japanese War
Union and Chinese Communist forces also held trials for
Japanese war criminals 40.
Field Marshal Shunroku Hata, war minister
The Khabarovsk War Crime Trials held by the Soviets
Baron Kiichir Hiranuma, prime minister
tried and found guilty some members of Japans bacteriological and chemical warfare unit, also known as Unit
Naoki Hoshino, Chief Cabinet Secretary
731. However, those who surrendered to the Americans
Okinori Kaya, nance minister
were never brought to trial. As Supreme Commander of

the Allied Powers, MacArthur gave immunity to Shiro
Ishii and all members of the bacteriological research units
in exchange for germ warfare data based on human experimentation. On May 6, 1947, he wrote to Washington
that additional data, possibly some statements from Ishii
probably can be obtained by informing Japanese involved
that information will be retained in intelligence channels
and will not be employed as 'War Crimes evidence.[14]
The deal was concluded in 1948.[15]
In 1981 John W. Powell published an article in the
Bulletin of the Atomic Scientists detailing the experiments
of Unit 731 and its open-air tests of germ warfare on civilians. It was printed with a statement by Judge Rling,
the last surviving member of the Tokyo Tribunal, who
wrote, As one of the judges in the International Military
Tribunal, it is a bitter experience for me to be informed
now that centrally ordered Japanese war criminality of
the most disgusting kind was kept secret from the Court
by the U.S. government.[16]

8.6 Criticism

Justice Rling stated, "[o]f course, in Japan we were all
aware of the bombings and the burnings of Tokyo and
Yokohama and other big cities. It was horrible that we
went there for the purpose of vindicating the laws of war,
and yet saw every day how the Allies had violated them
However, in respect to Pal and Rlings statement about
the conduct of air attacks, there was no positive or specic
customary international humanitarian law with respect to
aerial warfare before and during World War II. Ben Bruce
Blakeney, an American defense consul for Japanese defendants, argued that "[i]f the killing of Admiral Kidd
by the bombing of Pearl Harbor is murder, we know the
name of the very man who[se] hands loosed the atomic
bomb on Hiroshima", even though Pearl Harbor was classied as a war crime under the 1907 Hague Convention,
as it happened without a declaration of war and without a
just cause for self-defense. Similarly, the indiscriminate
bombing of Chinese cities by Japanese Imperial Forces
was never raised in the Tokyo Trials in fear of America being accused the same thing for its air attacks on
Japanese cities. As a result, Japanese pilots and ocers
escaped prosecution for their aerial raids on Pearl Harbor
and cities in China and other Asian countries.[21]

Charges of victors justice

The United States had provided the funds and sta necessary for running the Tribunal and also held the function of Chief Prosecutor. The argument was made that
it was dicult, if not impossible, to uphold the requirement of impartiality with which such an organ should be
invested. This apparent conict gave the impression that
the tribunal was no more than a means for the dispensation of victors justice. Solis Horowitz argues that IMTFE
had an American bias: unlike the Nuremberg Trials, there
was only a single prosecution team, led by an American,
although the members of the tribunal represented eleven
dierent Allied countries.[17] The IMTFE had less ocial support than the Nuremberg Trials. Keenan, a former
U.S. assistant attorney general, had a much lower position
than Nurembergs Robert H. Jackson, a justice of the U.S.
Supreme Court.

8.6.2 Pals dissenting opinion

Pals dissenting opinion raised substantive objections: he
found that the entire prosecution case to be weak regarding the conspiracy to commit an act of aggressive war,
which would include the brutalization and subjugation of
conquered nations. About the Nanking Massacrewhile
acknowledging the brutality of the incidenthe said that
there was nothing to show that it was the product of
government policy or that Japanese government ocials
were directly responsible. There is no evidence, testimonial or circumstantial, concomitant, prospectant, restrospectant, that would in any way lead to the inference that
the government in any way permitted the commission of
such oenses, he said.[20] In any case, he added, conspiracy to wage aggressive war was not illegal in 1937, or
at any point since.[20]

Justice Deln had been captured by the Japanese and

walked the Bataan Death March.[18] The defense sought
to remove him from the bench claiming he would be un- 8.6.3 Exoneration of the imperial family
able to maintain objectivity. The request was rejected but
Deln did excuse himself from presentation of evidence There has been much criticism of the blanket exonerafor atrocities in his native country of the Philippines.[19] tion of Emperor Hirohito and all members of the impeHiJustice Radhabinod Pal argued that the exclusion of rial family, including Prince Asaka, Prince Fushimi
Western colonialism and the atomic bombings of Hiroshima and Nagasaki from the list of crimes and the lack
of judges from the vanquished nations on the bench signied the failure of the Tribunal to provide anything other
than the opportunity for the victors to retaliate.[20] In this
he was not alone among Indian jurists, with one prominent Calcutta barrister writing that the Tribunal was little
more than a sword in a [judges] wig.

As early as November 26, 1945, MacArthur conrmed

to Admiral Mitsumasa Yonai that the emperors abdication would not be necessary.[24] Before the war crimes
trials actually convened, SCAP, the IPS, and court ocials worked behind the scenes not only to prevent the
imperial family from being indicted, but also to slant the
testimony of the defendants to ensure that no one impli-



cated the emperor. High ocials in court circles and the quitted.
Japanese government collaborated with Allied GHQ in
compiling lists of prospective war criminals. People arrested as Class A suspects and incarcerated in the Sugamo 8.7 Aftermath
Prison solemnly vowed to protect their sovereign against
any possible taint of war responsibility.[24]

8.7.1 Release of the remaining 42 Class

According to historian Herbert Bix, Brigadier General

A suspects
Bonner Fellers immediately on landing in Japan went to
work to protect Hirohito from the role he had played durThe International Prosecution Section of the SCAP deing and at the end of the war and allowed the major
cided to try the seventy Japanese apprehended for Class
criminal suspects to coordinate their stories so that the
A war crimes in three groups. The rst group of 28 were
emperor would be spared from indictment.
major leaders in the military, political, and diplomatic
Bix also argues that MacArthurs truly extraordinary sphere. The second group (23 people) and the third group
measures to save Hirohito from trial as a war criminal had (nineteen people) were industrial and nancial magnates
a lasting and profoundly distorting impact on Japanese who had been engaged in weapons manufacturing indusunderstanding of the lost war and months before the tries or were accused of tracking in narcotics, as well
Tokyo tribunal commenced, MacArthurs highest subor- as a number of lesser known leaders in military, political,
dinates were working to attribute ultimate responsibil- and diplomatic spheres. The most notable among these
ity for Pearl Harbor to Hideki Tj".[26] According to were:
a written report by Shichi Mizota, Admiral Mitsumasa
Yonai's interpreter, Fellers met the two men at his of Nobusuke Kishi: In charge of industry and comce on March 6, 1946, and told Yonai, it would be most
merce of Manchukuo, 193640; Minister of Indusconvenient if the Japanese side could prove to us that the
try and Commerce under Tojo administration.
emperor is completely blameless. I think the forthcoming
trials oer the best opportunity to do that. Tj, in par Fusanosuke Kuhara: Leader of the pro-Zaibatsu
ticular, should be made to bear all responsibility at this
faction of Rikken Seiyukai.
Yoshisuke Ayukawa: Sworn brother of Fusanosuke
Historian John W. Dower wrote that the campaign to
Kuhara, founder of Japan Industrial Corporation;
absolve Emperor Hirohito of responsibility knew no
went to Manchuria after the Mukden Incident
bounds. He argued that with MacArthurs full approval,
(1931), where he founded the Manchurian Heavy
the prosecution eectively acted as a defense team for
Industry Development Company.
the emperor, who was presented as an almost saintly
gure let alone someone culpable of war crimes.[24] He
Toshiz Nishio: Chief of Sta of the Kwanstated, Even Japanese activists who endorse the ideals
tung Army, Commander-in-Chief of China Expediof the Nuremberg and Tokyo charters, and who have
tionary Army, 193941; war-time Minister of Edulabored to document and publicize the atrocities of the
Shwa regime, cannot defend the American decision to
Kisaburo Ando: Garrison Commander of Port
exonerate the emperor of war responsibility and then, in
Arthur and Minister of Interior in the Tojo cabinet.
the chill of the Cold War, release and soon afterwards
openly embrace accused right-winged war criminals like
Yoshio Kodama: A radical ultranationalist.
the later prime minister Nobusuke Kishi".[29]
Ryoichi Sasakawa: Ultranationalist businessman
Three justices wrote an obiter dictum about the crimiand philanthropist.
nal responsibility of Hirohito. Judge-in-Chief Webb declared, no ruler can commit the crime of launching ag Kazuo Aoki: Administrator of Manchurian aairs;
gressive war and then validly claim to be excused for doMinister of Treasury in Nobuyoki Abes cabinet;
ing so because his life would otherwise have been in danfollowed Abe to China as an advisor; Minister of
ger...It will remain that the men who advised the comGreater East Asia in the Tojo cabinet.
mission of a crime, if it be one, are in no worse position
than the man who directs the crime be committed.[11]
Masayuki Tani: Ambassador to Manchukuo, Minister of Foreign Aairs and concurrently DirecJustice Henri Bernard of France concluded that Japans
tor of the Intelligence Bureau; Ambassador to the
declaration of war had a principal author who escaped
National Government of China.
all prosecution and of whom in any case the present De[12]
fendants could only be considered as accomplices.
Eiji Amo: Chief of the Intelligence Section of MinJustice Rling did not nd the emperors immunity obistry of Foreign Aairs; Deputy Minister of Foreign
jectionable and further argued that ve defendants (Kido,
Aairs; Director of Intelligence Bureau in the Tojo
Hata, Hirota, Shigemitsu, and Tg) should have been accabinet.

Yakichiro Suma: Consul General at Nanking; in
1938, he served as counselor at the Japanese Embassy in Washington; after 1941, Minister Plenipotentiary to Spain.
All remaining people apprehended and accused of Class
A war crimes who had not yet come to trial were set free
by MacArthur in 1947 and 1948.


San Francisco Peace Treaty

Many Japanese reacted to the Tokyo War Crimes Tribunal by demanding parole for the detainees or mitigation
of their sentences. Shortly after the San Francisco Peace
Treaty came into eect, a movement demanding the release of B- and C-class war criminals began, emphasizing the unfairness of the war crimes tribunals and the
misery and hardship of the families of war criminals.
The movement quickly garnered the support of more than
ten million Japanese. The government commented that
public sentiment in our country is that the war criminals
are not criminals. Rather, they gather great sympathy as
victims of the war, and the number of people concerned
about the war crimes tribunal system itself is steadily increasing.

Under Article 11 of the San Francisco Peace Treaty,

signed on September 8, 1951, Japan accepted the jurisdiction of the International Military Tribunal for the Far The parole for war criminals movement was driven by two
East. Article 11 of the treaty reads:
groups: people who had a sense of pity for the prisoners
demanded, just set them free (tonikaku shakuho o) regardless of how it is done. The war criminals themselves
Japan accepts the judgments of the Intercalled for their own release as part of an anti-war peace
national Military Tribunal for the Far East and
of other Allied War Crimes Courts both within
and outside Japan, and will carry out the sentences imposed thereby upon Japanese nationals imprisoned in Japan. The power to grant
clemency, reduce sentences and parole with respect to such prisoners may not be exercised
except on the decision of the government or
governments which imposed the sentence in
each instance, and on the recommendation of
Japan. In the case of persons sentenced by
the International Military Tribunal for the Far
East, such power may not be exercised except
on the decision of a majority of the governments represented on the Tribunal, and on the
recommendation of Japan.[30]


Parole for war criminals movement

In 1950, after most Allied war crimes trials had ended,

thousands of convicted war criminals sat in prisons across
Asia and Europe, detained in the countries where they
had been convicted. Some executions had not yet been
carried out, as Allied courts agreed to reexamine their
verdicts. Sentences were reduced in some cases, and a
system of parole was instituted, but without relinquishing
control over the fate of the imprisoned (even after Japan
and Germany had regained their sovereignty).
The focus changed from the top wartime leaders to ordinary war criminals (Class B and C in Japan), and an intense and broadly-supported campaign for amnesty for all
imprisoned war criminals ensued. The issue of criminal
responsibility was reframed as a humanitarian problem.
On March 7, 1950, MacArthur issued a directive that reduced the sentences by one-third for good behavior and
authorized the parole after fteen years of those who had
received life sentences. Several of those who were imprisoned were released earlier on parole due to ill health.

On September 4, 1952, President Truman issued Executive Order 10393, establishing a Clemency and Parole Board for War Criminals. Its purpose was to advise
the President regarding recommendations by the Government of Japan for clemency, reduction of sentence, or
parole of Japanese war criminals sentenced by military
On May 26, 1954, Secretary of State John Foster Dulles
rejected a proposed amnesty for the imprisoned war
criminals but instead agreed to change the ground rules
by reducing the period required for eligibility for parole
from 15 years to 10 years.[32]
By the end of 1958, all Japanese war criminals
were released from prison and politically rehabilitated.
Hashimoto Kingor, Hata Shunroku, Minami Jir, and
Oka Takazumi were all released on parole in 1954. Araki
Sadao, Hiranuma Kiichir, Hoshino Naoki, Kaya Okinori, Kido Kichi, shima Hiroshi, Shimada Shigetar,
and Suzuki Teiichi were released on parole in 1955.
Sat Kenry, whom manyincluding Judge Rling
regarded as the one least deserving of imprisonment, was
not granted parole until March 1956, the last of the Class
A Japanese war criminals to be released. With the concurrence of a majority of the powers represented on the
tribunal, the Japanese government announced on April 7,
1957, that the last ten major Japanese war criminals who
had previously been paroled were granted clemency and
were to be regarded henceforth as unconditionally free.

8.8 Legacy
In 1978 the kami of 1,068 convicted war criminals, including 14 convicted Class-A war criminals were secretly enshrined at Yasukuni Shrine.[33] Those enshrined
include Hideki Tj, Kenji Doihara, Iwane Matsui,



Heitar Kimura, Kki Hirota, Seishir Itagaki, Akira

Mut, Yosuke Matsuoka, Osami Nagano, Toshio Shiratori, Kiichir Hiranuma, Kuniaki Koiso and Yoshijir
Umezu.[34] Since 1985, visits made by Japanese government ocials to the Shrine have aroused protests in China
and South Korea.
Arnold Brackman, who had covered the trials for United
Press International, wrote The Other Nuremberg: The Untold Story of the Tokyo War Crimes Trial, a rebuttal to
charges that the trial had been victors justice;" this rebuttal was published posthumously in 1987.[35]
In a survey of 3,000 Japanese people conducted by Asahi
News as the 60th anniversary approached in 2006, 70% of
those questioned were unaware of the details of the trials,
a gure that rose to 90% for those in the 2029 age group.
Some 76% of the people polled recognized a degree of
aggression on Japans part during the war, while only 7%
believed it was a war strictly for self-defense.[36]
A South Korean government commission cleared 83
of the 148 Koreans convicted by the Allies of war
crimes during World War II. The commission ruled
that the Koreans, who were categorized as Class B and
Class C war criminals, were in fact victims of Japanese

[3] Within documents relating to the IMTFE, it is also referred to as the Charter.
[4] Rules of Procedure of the International Military Tribunal
for the Far East. April 25, 1946.
[5] Personal correspondence, Sir William Webb, as President of the International Military Tribunal for the Far
East to Dr Evatt, Minister for External Aairs and
Attorney General. Letter of 3 July 1946. Available
[6] Brackman 1987, p. 60.
[7] Minear 1971, p. 118.
[8] Minear 1971, p. 120.
[9] Minear 1971, pp. 122123.
[10] George Furness, a Defense Counsel, stated, "[w]e say that
regardless of the known integrity of the individual members of this tribunal they cannot, under the circumstances
of their appointment, be impartial; that under the circumstances this trial, both in the present day and in history,
will never be free from substantial doubt as to its legality,
fairness and impartiality.
[11] Rling & Rter 1977, p. 478.

8.9 See also

[12] Rling & Rter 1977, p. 496.

[13] Dower 1999, p. 447.

INA trials
Japanese war crimes
Justice Erima Harvey Northcroft Tokyo War Crimes
Trial Collection
Nanjing War Crimes Tribunal

[14] Gold 2003, p. 109.

[15] Drayton, Richard (May 10, 2005). An Ethical Blank
Check: British and US Mythology About the Second
World War Ignores Our Own Crimes and Legitimizes
Anglo-American Warmaking. The Guardian. Retrieved
May 9, 2012.

Nanking Massacre

[16] Barenblatt, Daniel (2004). A Plague upon Humanity.

Harper Collins. p. 222.

Nanking (lm): A 2007 Chinese lm about Nanking


[17] Horowitz 1950.

The Tokyo Trial (lm): A 2006 Chinese lm about

the trial.

[18] Hon. Deln J. Jaranilla, Attorney General, 1927 - 1932.

Republic Of The Philippines, Oce Of The Solicitor
General. Retrieved 29 April 2013.

(Praido, Pride): A 1998 Japanese [19] Robert Cryer, Neil Boister, ed. (Sep 25, 2008).
lm about the trial.
Documents on the Tokyo International Military Tribunal:
Charter, Indictment, and Judgments, Volume 1 1. Oxford
University Press. pp. LV. ISBN 0199541922.

8.10 References


[1] Herbert P. Bix on Hirohito and the Making of Modern

Japan". HarperCollins. Retrieved May 9, 2012.
[2] Charter of the International Military Tribunal for the Far
East. Archived from the original on February 22, 1999.
Retrieved May 12, 2012.

[20] The Tokyo Judgment and the Rape of Nanking, by

Timothy Brook, The Journal of Asian Studies, August
[21] Terror from the Sky: The Bombing of German Cities in
World War II. Berghahn Books. 2010. p. 167. ISBN
[22] Dower 1999.
[23] Bix 2001.


Rling, B. V. A.; Rter, C. F. (1977). The Tokyo
Judgment: The International Military Tribunal for
the Far East (I.M.T.F.E), 29 April 1946-12 November 1948 1. Amsterdam: APA-University Press.
ISBN 978-90-6042-041-6.

[24] Dower 1999, pp. 323325.

[25] Bix 2001, p. 583.
[26] Bix 2001, p. 585.
[27] Kumao Toyoda
, Sens saiban yoroku
Taiseisha Kabushiki Kaisha,
1986, p.170172.

[28] Bix 2001, p. 584.

[29] Dower 1999, p. 562.
[30] Taiwan Documents Project Treaty of Peace with
Japan. Retrieved April 13, 2009.
[31] Harry S. Truman Executive Order 10393 Establishment of the Clemency and Parole Board for War Criminals. Retrieved April 13, 2009.
[32] Maguire, Peter H. (2000). Law and War. Columbia University Press. p. 255. ISBN 978-0-231-12051-7.
[33] Where war criminals are venerated. January
4, 2003. Retrieved April 13, 2008.
[34] Enshrinement Politics: War Dead and War Criminals at
Yasukuni Shrine. JapanFocus. Archived from the original on October 16, 2007. Retrieved May 12, 2012.
[35] Brackman, Arnold C. (1987), The Other Nuremberg: The
Untold Story of the Tokyo War Crimes Trial, New York:
[36] "Asahi Shimbun May 2, 2006 Tokyo Trials Poll"". Manseld Asian Opinion Poll Database. April 2006. Archived
from the original on November 8, 2006. Retrieved May
9, 2012.
[37] Koehler, Robert (November 13, 2006). Korean war
criminals cleared. Retrieved May 9,



8.10.3 Web
International Military Tribunal for the Far East.
Judgment: International Military Tribunal for the
Far East. Retrieved March 29, 2006.
Ming-Hui Yao. Nanjing Massacre and the Tokyo
War Crimes Trial.

8.11 Further reading

International Military Tribunal for the Far East; R.
John Pritchard. The Tokyo major war crimes trial:
the transcripts of the court proceedings of the International Military Tribunal for the Far East. Robert
M.W. Kempner Collegium by E. Mellen Press.
ISBN 978-0-7734-8313-2.
Bass, Gary Jonathan (2000). Stay the Hand of
Vengeance: The Politics of War Crimes Trials.
Princeton, New Jersey: Princeton University Press.
Frank, Richard B. (1999). Downfall: The End of
the Imperial Japanese Empire. New York: Penguin
Holmes, Linda Goetz (2001). Unjust Enrichment:
How Japans Companies Built Postwar Fortunes Using American POWs. Mechanicsburg, Pennsylvania:
Stackpole Books.

Bix, Herbert (2001). Hirohito and the Making of

Modern Japan. Perennial.

Lael, Richard L. (1982). The Yamashita Precedent:

War Crimes and Command Responsibility. Wilmington, Delaware: Scholarly Resources.

Brackman, Arnold C. (1987). The Other Nuremberg: The Untold Story of the Tokyo War Crimes
Trial. New York: William Morrow and Company.

Maga, Timothy P. (2001). Judgment at Tokyo: The

Japanese War Crimes Trials. Lexington: University
Press of Kentucky. ISBN 978-0-8131-2177-2.

Byas, Hugh (1942). Government by Assassination.

New York: Knopf.

Piccigallo, Philip R. (1979). The Japanese on Trial:

Allied War Crimes Operations in the East, 1945
1951. Austin, Texas: University of Texas Press.

Dower, John (1999). Embracing Defeat.

Gold, Hal (2003). Unit 731: Testimony. Tuttle.
Horowitz, Solis (1950). The Tokyo Trial. International Conciliation 465 (November): 473584.
Minear, Richard H. (1971). Victors Justice: The
Tokyo War Crimes Trial. Princeton, New Jersey:
Princeton University Press.

Rees, Laurence (2001). Horror in the East: Japan

and the Atrocities of World War II. Boston: Da Capo
Sherman, Christine (2001). War Crimes: International Military Tribunal. Paducah, Kentucky:
Turner Publishing Company. ISBN 978-1-56311728-2.



Totani, Yuma (2009). The Tokyo War Crimes Trial:

The Pursuit of Justice in the Wake of World War II.
Cambridge: Harvard University Asia Center. ISBN

8.12 External links

Zachary D. Kaufman, Transitional Justice for
Tojos Japan: the United States Role in the Establishment of the International Military Tribunal for
the Far East and Other Transitional Justice Mechanisms for Japan after World War II Emory International Law Review, vol. 27 (2013)
Zhang Wanhong, From Nuremberg to Tokyo:
Some Reections on the Tokyo Trial Cardozo Law
Review, vol. 27 (2006)
Media related to International Military Tribunal for
the Far East at Wikimedia Commons



8.13 Text and image sources, contributors, and licenses



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