The Law and Procedure of War Crime Trials

Albert G. D. Levy

American Political Science Review, 1943, vol. 37, issue 6, 1052-1081

Abstract: In the preparation of the trials for “war crimes” committed during the present global conflict, students of international law will indeed recognize that a milestone in the development of legal science has been reached. As will become apparent from some of the facts to be presented in this study, we are about to see a new legal principle adopted in international relations: Impossibile est quod universitas delinquat. In consonance with various plans for general postwar reconstruction, the principle so succinctly phrased by Pope Innocent IV, in times no less perturbed than the present, is finally defeating the entrenched adherents of its counterpart, first enunciated by the skilled Bartolus of Saxeferato. Individual criminals and their accomplices are to be held responsible, not “nations” or peoples.

Date: 1943
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