Week 5 WG Notes

Question 1

What was the legal obstacle to convicting Nazis at the Nuremberg Tribunals?

Answer 1

• Principle of legality
  -not a crime before actions were carried out

Question 2

How did the decision of the Nuremberg tribunals cricumvent the legality principle

Answer 2

1. Foreseeable
   -RATIO: we got that inner moral compass ofc plain to see it is
   -unjust
2. Court said princ. o. legal. not a fund. principle but a gen. principle
   -most cases follow, but doesn’t mean we have to follow it all the times
3. Existing international law banning their actions
   -Kellog-Briand pACT
   -Commitment to peace
   (NB: also tried for war of aggression)
4. International law also governed by customs,gps + practices not just written legislation
   -established common belief war of aggression is wrong

Question 3

To what extent is the ECHR a reaction to the nuremburg trials

Answer 3

Article 7 (article on legality principle) includes exception:
(par 2)- doesn’t nega. punishments of actions against “general principles of law recognised by civ. nations)

Question 4

Explain the beliefs of Gustav Radburch

Answer 4

-Legal positivist
-dgaf whether law right or wrong
-just establishing if it is legally true
-must obey law eventhough it is morally unjust

Question 5

Rent protection act

Answer 5

case of the cantonal court of berlin showcases:
undeutung