Abstract

The Nuremberg Trial had its share of critics. Raphaël Lemkin, the man who devised the term ‘genocide’, was among them. Angered by the judgment's exclusion of crimes against humanity committed in peacetime, he successfully campaigned for international recognition of the crime of genocide which could be committed in time of peace as in time of war. West Germany expressed its dissatisfaction with the Nuremberg Judgment when it opposed a reference to the Charter of the International Military Tribunal in the draft Refugee Convention of 1951 and, again, when it ratified the European Convention on Human Rights in 1952. The judgment was also criticised by some governments including Argentina when the non-retroactivity clause of the International Covenant on Civil and Political Rights was being drafted, in the early 1960s. As recently as 1995, some judges of the International Criminal Tribunal for the former Yugoslavia took their distance from the judgment.

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