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Tokyo Tribunal and Its Contribution to International Criminal Law
Kasáš, Alex ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
The Tokyo Tribunal and Its Contribution to International Criminal Law Abstract The aims of my thesis are to analyze whether the principle of legality (nullum crimen sine lege, nulla poena sine lege) has been breached by The Tokyo Tribunal and to evaluate the Tribunal's contribution to the field of international criminal law. The work is divided into five chapters. First two, The Charter and The Indictment outline the establishment and jurisdiction of the Tribunal, the rules of proceedings, counts of the indictment and the accused. The remaining three chapters are a compilation of legal argumentation with a focus on the arguments concerning the principle of legality: Crimes under International Law before the Post-War Tribunals summarizes the opinions of international commissions, The Judgement the opinions of majority judges and The Minority Opinions the opinions of minority judges. In the Conclusion, I argue that while the principle of legality was breached, the adherence to it is a matter of choice between the doctrine of strict liability and that of substantive justice and I identify the affirmation of The Nuremberg Principles, the notion of conspiracy to commit aggression as a separate crime and extending the scope of the command responsibility doctrine as the Tribunal's contribution to international...
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