In this book, contributors go in-depth to analyze the 'crime of aggression', 'crimes against humanity' and their applicability in the context of the invasion of Ukraine.
The ongoing Russian invasion of Ukraine brings the principles of Nuremberg to the forefront of discussions on justice, raising questions about the feasibility of Nuremberg-style accountability. The book touches upon the abduction of Ukrainian children and the destruction of Ukrainian cultural heritage. Contributors also discuss the topic of war crime tribunals after Nuremberg, including Timor and former Yugoslavia, as well as tribunals in Rwanda, Sierra Leone, and others leading up to the International Criminal Court (ICC). Including essays by Oleksandra Matviichuk, the Ukrainian Nobel Laureate, and Ambassador Dr. Anton Korynevych, Ukrainian minister and specialist in international law, this book considers the contemporary relevance of the Nuremberg principles in the context of the Russian invasion of Ukraine.
This collection reviews the Nuremberg Trials and the resulting Nuremberg Principles, considering their contemporary relevance in the context of the Russian invasion of Ukraine.
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This collection reviews the Nuremberg Trials and the resulting Nuremberg Principles, considering their contemporary relevance in the context of the Russian invasion of Ukraine.
List of Tables and Figures
Acknowledgments
Foreword by Christoph Safferling
Foreword by Eli Rosenbaum
Introduction
Herbert Reginbogin and Marshall Breger
Part One: The Historical and Legal National Perspectives of the Crime of
Aggression at the International Military Tribunal (IMT) at Nuremberg,
1945-1946
Chapter 1
The Soviet Role in the Nuremberg Trials and Why It Matters Today
Francine Hirsch
Chapter 2
The British Perspective
Toby Simpson
Chapter 3
The French Perspective
Herve Ascensio
Chapter 4
The German Perspective
Stafanie Bock
Chapter 5
The American Perspective
Michael Bazyler and Aubrey Butler
Part Two: The Nuremberg Principles: Trial of the Doctors and Judges-
Reflections on Medical Ethics the Rule of Law, 1946 -1947
Chapter 6
Thanatology and the Nuremberg Doctors Trial: Conceptualizing the Science
of Killing
Ulf Schmidt
Chapter 7
The Judges Trials: The Lawlessness of the Rule of Law
Christoph Safferling
Part 3: The Legacy of Nuremberg Principles Ad-Hoc Tribunals
Chapter 8
Locating Legitimacy in the Structural Design of International and
Internationalized Criminal Tribunals
Michael Kelly
Chapter 9
The International Criminal Tribunal for Rwanda and Its Controversial Legacy
Gerd Hankel
Chapter 10
The Nuremberg Legacy in East Timor, Indonesia, and Cambodia
David Cohen
Part 4: Nuremberg Law Principles and Contemporary Challenges: Continuity or
Change?
Chapter 11
The USA and International Criminal Law After 80 Years: Continuity or Change
from Victors Justice to the Rule of Law
Herbert R. Reginbogin
Chapter 12
Crime of Aggression and Other Core Crimes
Lawrence Douglas
Part 5: Implementing the Nuremberg Principles in the Contemporary Context
of the Criminalization of War Crimes and Current International Humanitarian
Codes of War
Chapter 13
The Nuremberg Principles and Constraints on Armed Conflict: Change and
Continuity in the Effort to Limit Warfare in World History
Michael Bryant
Chapter 14
The Unlawful Transfer and Deportation of Children
Noelle Quénivet
Chapter 15
A Special Tribunal for the Crime of Aggression against Ukraine Beyond the
Nuremberg Principles?
Vaios Koutroulis
Part 6: The Nuremberg Principles: Theology Philosophy- Reconciliation
Chapter 16
Meditation on Truth, Memory, Justice, and Deterrence
Marshall Breger
Chapter 17
The Just and the Unjust, the Russian War on Ukraine: A Theological
Perspective of Law and Morality
Mark Morozowich
Chapter 18
Russias Holy War: Ukraine and the Orthodox Churches
Yuri Stoyanov
Part 7: Ukraines Nuremberg War Crime Issues
Chapter 19
The Genocide Convention and the Russia-Ukraine War
Kristina Hook
Chapter 20
Seeking Accountability for International Crimes Committed in Russias War of
Aggression against Ukraine: Domestically, before the ICC and in Third States
Isabelle Hassfurther
Chapter 21
Sanctions through the private sector: Investment Arbitration as a Legal
Mechanism Under the REPO Act
Eric Chang
Chapter 22
The Destruction of Ukrainian Cultural Heritage
Anton Korynevych, Tymur Korotkyi, and Nataliia Hendel
Chapter 23
Russias War of Aggression against Ukraine and the Crime of Aggression
Claus Kress
Chapter 24
Evidence Collection for War Crimes in Ukraine
Oleksandra Matviichuk
Part 8: Reflections
Chapter 25
The Nuremberg Principles: A Unique Legal Inheritance
Viviane E. Dittrich and Kiran Menon
Chapter 26
How the Ukraine Situation Is Testing the International Criminal Court
Leila Sadat and Jack Hueseman
Chapter 27
From Nuremberg to Kyiv: Four Puzzles of Aggression and Accountability
David Luban
Concluding Remarks
Beyond the Past Lessons and Visions of Nuremberg Principles: Providing
Peace, Security, and Justice for Ukraine and the World in the 21st Century
Herbert Reginbogin and Marshall Breger
About the Editors and Contributors
Herbert R. Reginbogin is a Collegiate law fellow at the Catholic University of America Institute for Policy Research and professor of international relations and international law.
Marshall J. Breger is professor of Law at the Columbus School of Law, The Catholic University of America.