Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 13 December 2019

Abstract and Keywords

This article is divided into three roughly chronological sections, each dealing with an important stage in the chequered history of the legalist paradigm. Despite the real innovations of the nineteenth century, people take the Nuremberg trials as starting point because the legal developments of the immediate post-war period served as the crucible for most subsequent developments in international legalism. Criminal trials are intended to punish crime. Such punishment has classically been justified in one of three ways, as retribution, as a means for preventing the perpetrator from committing similar crimes again in future, and as a way of deterring other potential offenders from engaging in similar crimes themselves. In addition, trials for genocide and crimes against humanity have often been justified as forms of political and moral pedagogy. In the end, though, none of these justifications make much sense when applied to genocide.

Keywords: legalist paradigm, international criminal law, criminal trials, Nuremberg trials, genocide, cold war, retribution, crimes against humanity

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.