| United States. Dept. of State - 1945 - 1114 páginas
...punishment. Article 8. The fact that the Defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be...the Tribunal determines that justice so requires. Article 9. At the trial of any individual member of any group or organization the Tribunal may declare... | |
| 1949 - 1300 páginas
...as follows: "The fact that the defendant acted pursuant to order of his government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment." * Many times during the course of the trial, the defendants testified that they treated their victims... | |
| Frits Kalshoven, Yves Sandoz, Peter Mac Alister-Smith, Bruno Zimmermann - 1989 - 488 páginas
...free such accused from responsibility for any crime with which he is charged, but such circumstances may be considered in mitigation of punishment if the Tribunal determines that justice so requires.» 53 A la difference de 1'article 8 du Statut de Nuremberg, il est prescrit ici expressement que 1'excuse... | |
| Yoram Dinstein - 1989 - 420 páginas
...fact of obedience to superior orders within the ambit of any defence whatever—allows of its being considered in mitigation of punishment "if the Tribunal determines that justice so requires". 1s1 Obviously, this does not mean that obedience to superior orders must be an extenuating factor.... | |
| George Ginsburgs, Vladimir Nikolaevich Kudri︠a︡vt︠s︡ev - 1990 - 314 páginas
...provided that "[t]he fact that the defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be...the Tribunal determines that justice so requires." The Nuremberg Tribunal33 put a gloss on these words with its statement: "The true test, which is found... | |
| Larry May, Stacey Hoffman - 1991 - 310 páginas
...superior orders. The fact that the defendant acted pursuant to order of his government or of a superior shall not free him from responsibility, but may be...considered in mitigation of punishment if the Tribunal determined that justice so required.' The Tribunal, when it came to apply the provisions of the Charter... | |
| Vincent Coussirat-Coustère, Pierre Michel Eissemann - 1989 - 1048 páginas
...Article 8: "The fact that the defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment." The provisions of this article are in conformity with the law of all nations. That a soldier was ordered... | |
| Lyal S. Sunga - 1992 - 254 páginas
...provides that: The fact that the defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be...considered in mitigation of punishment if the Tribunal determine that justice so requires. The Judgment of Nuremburg states that individual responsibility... | |
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