The legitimacy and applicability of the Nuremberg principles to African conceptions of justice: A critical evaluation

 By Evelyne Asaala

Abstract

Ever since they were affirmed by the United Nations, the Nuremberg Principles have played an instrumental role in shaping the development of international criminal justice. These principles include: the principle of individual criminal responsibility; the principle on the irrelevance of the official position of the perpetrator; the principle on the right to a fair trial; and the principle on definition of international crimes. This contribution uses African conceptions of justice as the lens through which to examine the legitimacy and applicability of the Nuremberg Principles. Rather than dismiss Africa’s concerns in international criminal justice, it argues that they should be carefully considered as they may significantly add value to international criminal justice. This chapter therefore evaluates each of the Nuremberg Principles by giving an overview of its nature, the practice concerning it at the international level, and the relevance of the principle in African notions of justice.

URL: https://www.nurembergacademy.org/fileadmin/media/pdf/publications/The_Nuremberg_Principles_in_Non-western_Societies.pdf




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