Hostname: page-component-78c5997874-j824f Total loading time: 0 Render date: 2024-11-09T07:41:12.366Z Has data issue: false hasContentIssue false

Barbie

France.  03 June 1988 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Relationship of international law and municipal law — Crimes against international law — Punishment of crimes against humanity by municipal courts — Statutory limitation periods not applicable — Whether applicable to punishment where penalty not inflicted following earlier conviction

War and armed conflict — Crimes against humanity — Definition — London Charter of the 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 separate offence, aggravating circumstance or essential element in crime against humanity

War and armed conflict — Enforcement of the laws of war — War crimes and crimes against humanity — Superior orders — Availability as possible ground for mitigation of punishment but not as defence — London Charter, Article 8 — Whether requiring jury to be asked whether accused acted pursuant to orders — Whether sufficient for jury to decide merely that there were no extenuating circumstances — The law of France

Type
Case Report
Copyright
© Cambridge University Press 1995

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)