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Barbie

France.  03 June 1988 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship of international law and municipal law — Crimes against international law — Punishment of crimes against humanity by municipal courts — Statutory limitation periods not applicable — Whether applicable to punishment where penalty not inflicted following earlier conviction

War and armed conflict — Crimes against humanity — Definition — London Charter of the International Military Tribunal, 1945, Article 6(c) — Relationship with Article 6, final paragraph, of Charter — Participation in common plan of extermination or persecution — Whether constituting separate offence, aggravating circumstance or essential element in crime against humanity

War and armed conflict — Enforcement of the laws of war — War crimes and crimes against humanity — Superior orders — Availability as possible ground for mitigation of punishment but not as defence — London Charter, Article 8 — Whether requiring jury to be asked whether accused acted pursuant to orders — Whether sufficient for jury to decide merely that there were no extenuating circumstances — The law of France

Type
Case Report
Copyright
© Cambridge University Press 1995

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