REDUCTIO AD ABSURDUM: THE KAPO TRIAL JUDGEMENTS’ CONTRIBUTION TO INTERNATIONAL CRIMINAL LAW JURISPRUDENCE AND CUSTOMARY INTERNATIONAL LAW

Collection Location Koleksi E-book & E-Journal Perpustakaan Pusat Unila
Edition vol 24 issue 2
Call Number
ISBN/ISSN 1572 9850
Author(s) SINGER, ILANA M.
Subject(s) LAW
Classification NONE
Series Title
GMD E-Journal
Language English
Publisher Springer
Publishing Year 2013
Publishing Place Switzerland
Collation
Abstract/Notes ABSTRACT. Several Jewish persons designated as concentration camp guards (Kapos) during the Holocaust were subsequently tried in Israel in the 1950s and 1960s for allegedly committing grave crimes. This article examines these trial judgements and considers their significance to international criminal law jurisprudence and customary international law. First, this article will delineate the trial judgements’ purpose, relevance and previous contribution to customary international law. Secondly, a comparative narrative of the judgements with recent case law from the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Court will illuminate their potential contribution, specifically to the principles of modes of liability, criminal intent, and the defence of duress. The Kapo trial judgements may therefore continue to offer an extreme case example and a worthy source of common law for international criminal law jurisprudence and customary international law
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