Publıc Internatıonal Law I Deneme Sınavı Sorusu #1211342

The Tokyo and Nuremberg Tribunal were criticized for the following reasons, except:


The trials were in violation of the principle of nullum poena sine lege (no punishment
without law).

Trials were an imposition of ex post facto law, giving retrospective operation to a crime that was not punishable at the time of its commission.

The tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful.

The tribunals only punished heads of States, ministers and high military and administrative functionaries.

The plea of superior orders has great relevance in the discipline of the armed forces, and it was rejected by the Tribunals without any concrete reason.


Yanıt Açıklaması:

The legality of these trials and the judgments were widely criticized on the following
grounds: the trials were in violation of the principle of nullum poena sine lege (no punishment without law), trials were an imposition of ex post facto law, giving retrospective operation to a crime that was not punishable at the time of its commission, the tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful, consisting mainly of judges from the victorious States was in violation of the principle of nemo judex in causa sua (no one can be a judge in his own case), the plea of superior orders has great relevance in the discipline of the armed forces, and it was rejected by the Tribunals without any concrete reason.

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