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In another sense, though, the law destroys distinctions forged in cold war jurisprudence between political aims and criminal behavior.
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The indictment of Charles Taylor took war crimes jurisprudence to a new level, establishing the principle that a serving head of state was not immune from prosecution.
"I was only following orders" was a defence rejected at the Nuremberg Tribunal after the second world war; since then jurisprudence has grown, strengthening that view.
Moreover, even as the Constitutional Court has been shaping post-war Germany, German jurisprudence has spread to affect Europe and much of the world.In this section Judgment days God and Berlin To count or not to count Rendering unto Caesar Gyurcsany goes Topolanek toppled Those exceptional British ReprintsThe Constitutional Court is in some people's eyes Germany's most powerful institution.
The war helped shape his jurisprudence, and even today shapes his frame of reference.
It is no coincidence that the majority of advances in recent international jurisprudence on war crimes against women have come from trailblazing women at the helm of international courts or leading international prosecutions.
Frank fought in World War I, studied economics and jurisprudence, and in 1921 joined the German Workers Partyy (which became the Nazi Party).
German law, however, because of the constitutional protection given to property since World War II, has developed a considerable jurisprudence on the topic.
A senior White House official told The Huffington Post that the provision ensures the law does nothing new, and makes whatever authorities an executive might claim subject to the laws of war, which add a layer of jurisprudence that must be considered by any judge weighing a detention case.
While a "commitment to constitutional principles must not be a suicide pact," he said, "the rational and measured exercise of jurisprudence must be zealously sustained, even in time of war, including the war on terrorism".
Judge José A. Cabranes, writing for the majority, said that international law jurisprudence since the Nuremberg trials after World War II allows human rights violations of international law to be "charged against states and against individual men and women but not against juridical persons such as corporations".
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