The Development of International Criminal-Law Rules and Some Legal Problems of Bringing to Justice the War Criminals of the Second World War

Abstract

The authors highlight the problems of qualifying the wrongful acts of Nazi criminals through the lens of modern ideas of crimes and the principles of international law. The study used formal logical and comparative methods, the method of structural analysis. The subjects of analysis are statements, notes, directives, orders and other documents of the USSR, instructions of the German command, as well as some international documents. The authors state that the legislative technique of the documents under consideration was imperfect, but nevertheless they laid the foundation for development of international criminal law. It is indicated that the territorial principle of jurisdiction was in force for the war crimes of the Second World War. The quotations from declassified orders and directives are given, and a conclusion is drawn that it is possible to extend the approach to understanding the subject of international criminal prosecution, up to political and state institutions. Some legal peculiarities of the Nuremberg trial were also considered, concerning, in particular, the extradition of war criminals and the methods of their legal protection. It is noted that despite the significant doubts of German lawyers in the fairness of the trial, the rights and legitimate interests of the accused and suspects were fully respected.