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From IMT to NMT.The emergence of jurisprudence of atrocity

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Descripción

The Nuremberg trials caused a major conceptual shift. Prior to the trials the state was seen as sovereign but subsequently the state could be seen not as the defender of order but as the principal perpetrator of crimes and as such liable to prosecution under international law. One of the problem of these trials is the issue of retribution and sentencing which often does not reflect the enormity of the crime. Another negative feature is that in Germany the sentences were frequently commuted which diminishes the effectiveness of the trial as a didactic tool. The author concludes that atrocity trials can contribute to justice and a reckoning with the past but their success depends on acts of political will and networks of social support.

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