 | Myres Smith MacDougal, Florentino P. Feliciano - 1994 - 968 páginas
...themselves behind their official position in order to be freed from punishment in appropriate proceedings— He who violates the laws of war cannot obtain immunity...pursuance of the authority of the State, if the State in authorizing action moves outside its competence under international Law. 537 In at least two of the... | |
 | Academie de Droit International de la Haye - 1994 - 502 páginas
...punishing individuals who commit such crimes can the provisions of international law be enforced ... He who violates the laws of war cannot obtain immunity...while acting in pursuance of the authority of the 875. See Theodor Meron, Human Rights and Humanitarian Norms as Customary Law 37 -41 (1989). 876. The... | |
 | Herbert Hirsch - 1995 - 258 páginas
...crime, or a crime against humanity as set forth in Principle VI is a crime under international law. who violates the laws of war cannot obtain immunity...pursuance of the authority of the State if the State in authorizing action moves outside its competence under international law." After the original trials... | |
 | E. Lauterpacht, C. J. Greenwood - 1996 - 742 páginas
...immunity because in the eyes of the international community Germany as a whole was owed no immunity: "[h]e who violates the laws of war cannot obtain immunity...pursuance of the authority of the state if the state in authorizing action moves outside its competence under International Law." The Nuremberg Decision, 6... | |
 | Richard Rawlings, London School of Economics and Political Science - 1997 - 404 páginas
...[B[ut these submissions must be rejected . . . [Individuals have international duties which transcend national obligations of obedience imposed by the individual...acting in pursuance of the authority of the State . . . In l945 it was envisaged that this principle was to be enforced either by a tribunal of the victorious... | |
 | C. G. Weeramantry - 1998 - 698 páginas
...the principal actors — (the statesman and the generals) — is clear. The tribunal also observed: [Individuals have international duties which transcend...in authorising action moves outside its competence' in international law. 37 36 International Military Tribunal, Trial of the Major War Criminals 141(1947).... | |
 | Gabrielle Kirk McDonald - 2000 - 2506 páginas
...behind their official position in order to be freed from punishment in appropriate proceedings. ... [T]he very essence of the Charter is that individuals...pursuance of the authority of the State if the State in authorizing action moves outside its competence under international law/'5 (4) The official position... | |
 | Arthur Watts, United Nations. International Law Commission - 1999 - 1112 páginas
...behind their official position in order to be freed from punishment in appropriate proceedings. . . . [T]he very essence of the Charter is that individuals...pursuance of the authority of the State if the State in authorizing action moves outside its competence under international law.'2 (4) The official position... | |
 | M. Cherif Bassiouni - 1999 - 654 páginas
...Charter. Granted, however, that the IMT's Judgement may be self-fulfilling. In its Judgment, the IMT held: the very essence of the Charter is that individuals...cannot obtain immunity while acting in pursuance of authority of the state, if the state in authorizing action moves outside its competence under international... | |
 | Anna J. Borgeryd - 1999 - 376 páginas
...ad-hoc war tribunals. Individuals have duties that transcend...national obligations of obedience./.../ He who violates the laws of war cannot obtain immunity...acting in pursuance of the authority of the state in authorizing action moves outside its competence under international law. Statement by the International... | |
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On the other hand the very essence of the Charter is that individuals have international duties which transcend the national obligations of obedience imposed by the individual state. He who violates the laws of war cannot obtain immunity while acting... 
