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5 - A Legal Obligation to Prosecute: From De Facto to De Jure International Prosecutors? (Germany/Syria)

from Part II - Three Biographical Case Studies

Published online by Cambridge University Press:  04 August 2022

Melinda Rankin
Affiliation:
University of Sydney
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Summary

The previous three chapters focused primarily on the role of private non-State actors who act as de facto international prosecutors, with particular emphasis on victims and witnesses of core crimes. This chapter directs our attention to the role of State legal officials in foreign courts who act as de facto international prosecutors and situates them in a particular historical, political and legal context. Specifically, it examines the evolution of German universal jurisdiction, in light of the atrocities committed by the German Third Reich and the legacy of the Nuremberg Trials. As noted earlier in Chapter 1, the Nuremberg Charter and Nuremberg Tribunal marked a turning point in international criminal law. While Germany continues to address past atrocities in various ways, one of them was to champion the role of international criminal law universally, which saw Germany emerge as one of the broadest universal jurisdictions in the world.

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Publisher: Cambridge University Press
Print publication year: 2022

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