The Gladisch Committee on the Law of Naval Warfare: A German Effort to Develop International Law During World War II. Bochumer Schriften zur Friedenssicherung und zum Humanitären Völkerrecht No. 5. Edited by Dieter Fleck. Bochum: UVB Universitätsverlag Dr. N. Brockmeyer, 1990. Pp. vii, 76.

1991 ◽  
Vol 85 (4) ◽  
pp. 746-749
Author(s):  
L. F. E. Goldie
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
Naval Warfare ◽  
The Law

The Nuremberg Trial and International Law

1947 ◽  
Vol 41 (1) ◽  
pp. 20-37 ◽  
Author(s):  
George A. Finch
Keyword(s):  
World War Ii ◽  
World War I ◽  
International Law ◽  
World War ◽  
The Public ◽  
The Future ◽  
The Law ◽  
Civilized World

Retribution for the shocking crimes and atrocities committed by the enemy during World War II was made imperative by the overwhelming demands emanating from the public conscience throughout the civilized world. Statesmen and jurists realized that another failure to vindicate the law such as followed World War I would prove their incapacity to make progress in strengthening the international law of the future.1

La sentenza della Corte internazionale di giustizia relativa al caso Germania c. Italia: profili di diritto intertemporale

2012 ◽  
pp. 335-349
Author(s):  
Fabrizio Marongiu Buonaiuti
Keyword(s):  
World War Ii ◽  
International Law ◽  
The State ◽  
State Responsibility ◽  
World War ◽  
International Crimes ◽  
State Immunity ◽  
The Icj ◽  
The Law ◽  
Jus Cogens

The author comments on the judgment delivered by the ICJ on 3rd February 2012 in the case of Germany v. Italy, concerning jurisdictional immunity of the State against actions for compensation in respect of crimes committed during World War II. The article focuses on the intertemporal law aspects of the case, commenting that the ICJ, while correctly identifying State immunity rules as having a procedural nature, failed in clarifying that whenever their application requires a qualification of the relevant facts, this is to be performed pursuant to the law in force at the time they were committed. Arguably, at the time of the conflict, the category of jus cogens norms had not yet been sufficiently established, nor had a special regime of State responsibility for international crimes or for serious breaches of peremptory rules of general international law developed yet. Therefore, the supposed prevalence of the breached norms on State immunity rules, which the ICJ has correctly excluded due to the different nature of either set of rules, arguably was to be excluded for intertemporal reasons altogether.

Part I The International Law of Tainted Money, 1 General Introduction: Some Problems Relating to the Role of International Law

2017 ◽  
Author(s):  
Grant Tom ◽  
Brent Richard
Keyword(s):  
World War Ii ◽  
International Law ◽  
Money Laundering ◽  
International Organizations ◽  
World War ◽  
General Introduction ◽  
Monetary System ◽  
Monetary Relations ◽  
The Law

This book is concerned with the emergence of an international law of money laundering. The Introduction explains that a re-ordering of international monetary relations after World War II necessitated new approaches to the law of money in general. Epochal changes in monetary relations across borders have resulted in review and revision of the rules of international law concerned with money, and, accordingly, governments, legislatures, courts, and commentators have needed to re-visit those rules occasionally. The international law of money laundering has mostly been grafted upon the world’s monetary system; it has not involved the creation of a completely new system. However, the Introduction argues, it has had a significant impact. The impetus that has led states and international organizations to adopt money laundering rules at the international level is a reaction to a threat, or series of threats, originating largely outside the system. These threats include: organized crime on an international and macro-economic scale; terrorism; and the need to change the conduct of some states. This book as a whole presents an account of international law in its present evolving state in the field of tainted money. The chapters herein aim to address the law as it currently is; and close with a look at where the future of money might take us and those who aim to regulate its misuse.

Switzerland, International Law and World War II

1997 ◽  
Vol 91 (3) ◽  
pp. 466-475 ◽  
Author(s):  
Detlev F. Vagts
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
The Law ◽  
The Government

The recent sudden upsurge of interest in Swiss behavior during and after World War II seems to call for a brief review of the international law issues that were relevant to that country’s decisions. Many of them, in particular the law of neutrals, have become obsolete and are obviously not understood by many commentators. Of course, to reach a judgment that the behavior of Switzerland was compatible with the rules of international law then in effect does not dispose of issues of humanity and morality. But it does contribute to explaining Swiss behavior, particularly since the Government in Bern was quite legalistic in its approach to the questions of the time.

scholarly journals Criminal Proceedings Against Albers

2013 ◽  
Vol 107 (3) ◽  
pp. 632-638
Author(s):  
Filippo Fontanelli
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
Criminal Proceedings ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
Court Of Appeal

In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this ruling, the Court of Cassation put an end to its decade long effort to find an exception to the well-known rule of customary international law providing for sovereign immunity from foreign civil jurisdiction for actsjure imperii. Thisrevirementresulted from the Court’s decision to give effect to the judgment of the International Court of Justice (ICJ) inGermany v. Italy.

scholarly journals Nazi Crimes in Poland. A Never-Ending Search for Justice

2019 ◽  
pp. 142-160
Author(s):  
Hanna Kuczyńska
Keyword(s):  
World War Ii ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
World War ◽  
National Courts ◽  
International Criminal Tribunals ◽  
Efficient Machine

This article deals with the model for prosecuting Nazi crimes committed in Poland in the light of the model presently used in international criminal law. It tries to answer the question: should the investigation of crimes of international law be handed over to transnational tribunals? Should they be hybrid tribunals involving a national factor, or completely supra-national tribunals like the International Criminal Court? Is it legitimate to transfer jurisdiction over these matters to national courts? The case of unpunished Nazi crimes in Poland may give a partial answer to this question. Certainly, various attempts made after World War II, including procedures brought before Polish courts, have contributed to understanding the function of international criminal law, and finding the answer to the question of the best model for prosecuting crimes of international law. At present, we also have the experience of international criminal tribunals, in particular the ICC, which is an efficient machine for prosecuting crimes of international law. Interesting conclusions can be drawn from its functioning that could improve the work of Institute of National Remembrance (IPN) prosecutors, and shed new light on the considerations regarding the prosecution of Nazi crimes in Poland after World War II.

scholarly journals The (Immediate) Post-World War II Period

2020 ◽  
pp. 168-189
Author(s):  
Antonello Tancredi
Keyword(s):  
World War Ii ◽  
International Law ◽  
Interwar Period ◽  
World War ◽  
Post World War Ii ◽  
Theoretical Approaches ◽  
The Social ◽  
International Legal Order ◽  
The Relationship ◽  
Domestic Law

This chapter addresses the development, after World War II, of two different currents of thought inherited by the Italian international law doctrine from the interwar period: dogmatism and structuralism. The analysis of some fundamental writings concerning topics such as the foundation and the social structure of the international legal order tries to offer a reading lens on some of the most important scientific trends (especially ‘realism’ and ‘neo-normativism’) of the post-World War II period and on the scholars that animated such approaches. Thanks to the identification of some structuring ideas, it will then be possible to briefly examine other issues concerning, for instance, the relationship between international and domestic law after the 1948 Republican Constitution, sovereignty, etc. The evolution of the methodology of international law will have a relevant part in the analysis of theoretical approaches developed by Italian scholars in this period.

scholarly journals Constitutional law and international law at the turn of the century

2017 ◽  
Vol 1 (1) ◽  
pp. 1 ◽  
Author(s):  
JA Frowein
Keyword(s):  
World War Ii ◽  
World War I ◽  
International Law ◽  
Constitutional Law ◽  
The United States ◽  
Fundamental Rights ◽  
Strong Impact ◽  
World War ◽  
Constitutional Courts ◽  
Constitution Making

Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949) were influential. Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts. Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal. Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction. The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system. In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community ofnations. International law has also been instrumental in the worldwide recognition of human rights. Especially in Europe, Convention Law has had a strong impact. Furthermore, global and regional systems of regulation have tended to alter the legal attitude towards state sovereignty. It may be that the South African constitutional approach in terms of which international law is subject to constitutional and other national law, is not in line with international tendencies.

scholarly journals International Recognition and the International Law Status of Poland in the 20th Century

2020 ◽  
Vol 9 (1) ◽  
pp. 21-48
Author(s):  
Elżbieta Dynia
Keyword(s):  
World War Ii ◽  
World War I ◽  
International Law ◽  
20Th Century ◽  
World War ◽  
The Third ◽  
International Recognition ◽  
The Status

The article concerns international recognition of the Polish state established after World War I in the year 1918, the Polish state and the status of Poland in terms of international law during World War II and after its conclusion until the birth of the Third Polish Republic in the year 1989. A study of related issues confirmed the thesis of the identity and continuity of the Polish state by international law since the year 1918, as solidified in Polish international law teachings, and showed that the Third Polish Republic is, under international law, not a new state, but a continuation of both the Second Polish Republic as well as the People’s Republic of Poland.

3. Naval, air, space, and modern warfare

2016 ◽  
pp. 42-83
Author(s):  
Alex Roland
Keyword(s):  
World War Ii ◽  
Great Power ◽  
Nuclear Technology ◽  
World War ◽  
Dual Use ◽  
Naval Warfare ◽  
Demand Pull ◽  
Air Space ◽  
Modern Warfare

‘Naval, air, space, and modern warfare’ looks into each realm in turn. Naval warfare has been conducted on three classes of ship—galleys, sail, and steam—each with its own characteristic technologies and ways of warfare. Unlike galleys and sailing ships, airplanes as platforms for warfare were custom-designed from the outset for their particular weapons and missions. The origins of space warfare paralleled aviation in many ways. Both airplanes and spacecraft are dual-use technologies that found applications from both demand pull and technology push. Finally, total warfare is discussed and how since World War II nuclear technology has deterred great-power wars.

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