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Touvier

France.  13 April 1992 ; 27 November 1992 .

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 — Principle of non-applicability of statutory limitation of prosecution — Principle of ne his in idem — Scope of principle — Previous conviction for “maintaining contacts with the enemy” — Whether preventing subsequent prosecution for crimes against humanity arising from the same facts

War and armed conflict — Crimes against humanity — Definition — London Charter of 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 essential condition for commission of crime against humanity — Whether any requirement that plan must be executed by State systematically practising a policy of ideological supremacy — Whether wartime collaboration of “Vichy” French State with Nazi Germany involving adoption and practice of such policy — Requirement that crimes must have been committed in the interests of one of the European Axis countries — Crime perpetrated by officer in French Militia in “Vichy” France at instigation of officer in Gestapo — Whether constituting crime against humanity

War and armed conflict — Non-hostile relations between belligerents — Armistice — French “Vichy” State — Nature of collaboration with Nazi Germany — Whether involving adoption of systematic policy of ideological supremacy pursued by Nazis — Whether agents of “Vichy” State punishable for commission of crimes against humanity — The law of France

Type
Case Report
Copyright
© Cambridge University Press 1995

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