Crimes Against Humanity and the Development of International Law | The National WWII Museum | New Orleans One of the great legal innovations of the post-war world is the concept of crimes against humanity. Aimed at the protection of civilian populations during both peacetime and wartime, even from civilian populations’ own governments, it remains a major pillar of international law to this day.
An interesting book about this subject, is by Geoffrey Robertson: Crimes Against Humanity by Geoffrey Robertson.
The beginning of international treaties on the subject, which was hitherto governed by international customary procedures concerning such subjects as ransom of prisoners of war, prize law involving ships, even international postal agreements, might be said to have been the St. Petersburg declaration. "The Declaration of Saint Petersburg is the first formal agreement prohibiting the use of certain weapons in war. It had its origin in the invention, in 1863, by Russian military authorities of a bullet which exploded on contact with hard substance and whose primary object was to blow up ammunition wagons. In 1867 the projectile was so modified as to explode on contact with a soft substance. As such the bullet would have been an inhuman instrument of war, the Russian Government, unwilling to use the bullet itself or to allow another country to take advantage of it, suggested that the use of the bullet be prohibited by international agreement. The Declaration to that effect adopted in 1868, which has the force of law, confirms the customary rule according to which the use of arms, projectiles and material of a nature to cause unnecessary suffering is prohibited. This rule was later on laid down in Article 23 (e) of the Hague Regulations on land warfare of 1899 an 1907. The Declaration of Saint Petersburg prompted the adoption of further declarations of a similar nature at the two Hague Peace Conferences of 1899 and 1907. The Hague Declarations relating to the discharge of projectiles and explosives from balloons, the use of asphyxiating gases and the use of expanding bullets refer in their preambles to the Declaration of Saint Petersburg." Treaties, States parties, and Commentaries - St Petersburg Declaration relating to Explosive Projectiles, 1868 Chapter XIV of the 1914 Manual of Military Law ( published by the War Office ) deals with the laws and customs of war in 510 paragraphs, which is available online. Manual of military law. War Office, 1914. { Edited: added link and screenshot }
Another development in International Law: Germany v Italy: https://www.icj-cij.org/public/files/case-related/183/183-20220429-APP-01-00-EN.pdf " These developments have given rise to a new dispute between Germany and Italy. The two States hold "clearly opposite views",7 inter alia, on the following questions: Can Italian domestic courts, relying on their novel reading of Italian constitutional law, entertain civil claims against Germany based on violations of international humanitarian law committed by the German Reich between 1943 and 1945? Can Italian domestic courts take measures of constraint based on judicial decisions rendered in violation of Germany's sovereign immunity? Is there any justification, under international law, for the particular measures of constraint taken against four German State-owned properties located in Rome? On these and other issues, Germany's claim to immunity "is positively opposed"8 by Italy. Under these circumstances Germany is compelled to seise the Court of this new dispute in an effort to defend its rights and to bring to an end the systematic infringements of its sovereign immunity by Italian domestic courts."
A leading legal authority on this unfortunately still very topical subject, is Philippe Sands, 'East West Street On the Origins of Genocide and Crimes Against Humanity.' It is available in several formats. It has rated 4.5/5 by 1,400+ reviewers on Amazon. The press reviews have been glowing. Ironically and so desperately sadly, the origins of the legal basis were in Lwow, modern day Lviv in the Ukraine, now the centre of attention for the very same crimes.
A vast subject, unfortunately. I tend to look at WW2 crimes and those who investigated them. The best book on the subject ( I was fortunate to correspond with the author, all too briefly ) is this: https://www.amazon.co.uk/Talent-Adventure-Remarkable-Wartime-Exploits/dp/184884810 An obituary is here: Obituary: Lt Col Pat Spooner – formerly 8th Gurkha Rifles Dr. Dan Plesch was instrumental in opening up the UN WW2 war crimes archive, which was closed from the early 1950's until about 2014. His book is : http://press.georgetown.edu/book/georgetown/human-rights-after-hitl David Cesarani must be remembered for his work: David Cesarani obituary Philippe Sands has had programmes on BBC radio, his chambers listing is here: Prof. Philippe Sands QC - Matrix Chambers Suzannah Linton is one of the leading practising lawyers, and has carried out important interviews with those who were there. She set up this important site. Hong Kong's War Crimes Trials Collection
