Application of the general principles of law by the International Military Tribunal and the International Military Tribunal for the Far East

Abstract

The article analyzes the practice of the International Military Tribunal and gives examples of the application of three general principles of law, namely „there is no crime and punishment without law” (lat. Nullum crimen, nulla poena sine lege), „there is no criminal responsibility without moral choice” and the principle of „personal guilt” (personal culpability). The content of the general principle of law „there is no crime and no punishment without law”, as criminalized by the IMT, is that it is impossible to judge Nazi criminals for committing the crime of aggressive war. The application of the „no punishment without guilt” principle is carried out to establish the facts of personal responsibility. But the last general principle of law, „there is no criminal responsibility without moral choice”, is that a person who followed the orders or instructions of a commander should be held criminally responsible if he/she had a choice to act otherwise in that case. The article emphasizes that both bodies, the International Military Tribunal and the International Military Tribunal for the Far East, were created already after the commission of crimes and for their prosecution, as well as the legal grounds for their activity, material as well as procedural, were developed. Accordingly, a number of conflicts arose because of this, including those related to the retroactive effect of the law. Therefore, the effective resolution of these conflicts took place through the interpretation of general principles of law when making decisions in the practice of these bodies. It is concluded that the activities of the International Military Tribunal and the International Military Tribunal for the Far East are highly appreciated in the science of international law, which was the beginning of the international criminal law formation as a special branch of international law.