流亡律师在UNWCC的认识社区

IF 1.1 Q2 LAW

JOURNAL OF THE HISTORY OF INTERNATIONAL LAW Pub Date : 2022-06-22 DOI:10.1163/15718050-bja10072

K. Lingen

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引用次数: 0

摘要

20世纪40年代，在伦敦，来自欧洲和亚洲的流亡律师是制定最著名的国际刑法原则之一的主要行动者之一。“危害人类罪”的概念源于他们的法律辩论。本文讨论了这一术语是如何在1944年联合国战争罪委员会会议上出现，并在1945年《纽伦堡国际法庭伦敦宪章》中被采用的。以前需要在会议和通信中讨论的法律概念，在伦敦流亡情况的“滋生地”发展得更快，并受到不同法律传统的影响，这里称为“法律流动”。

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Epistemic Communities of Exile Lawyers at the UNWCC

During the 1940s in London, exiled lawyers from Europe and Asia were among the main actors in coining one of the most known principles of international criminal law. The notion of ‘crimes against humanity’ emanated from their legal debates. This paper debates how the term surfaced in meetings of the United Nations War Crimes Commission (UNWCC) in 1944 and was taken up by the London Charter for the Nuremberg International Tribunal in 1945. Legal concepts, which previously needed to be discussed at conferences and via correspondence, developed much more quickly in the ‘breeding ground’ of the exile situation in London and were influenced by different legal traditions, here termed ‘legal flows’.

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来源期刊

JOURNAL OF THE HISTORY OF INTERNATIONAL LAW LAW-

CiteScore

0.90

自引率

14.30%

发文量

期刊介绍： The object of the Journal of the History of International Law/Revue d"histoire du droit international is to contribute to the effort to make intelligible the international legal past, however varied and eccentric it may be, to stimulate interest in the whys, the whats and wheres of international legal development, without projecting present relationships upon the past, and to promote the application of a sense of proportion to the study of current international legal problems. The aim of the Journal is to open fields of inquiry, to enable new questions to be asked, to be awake to and always aware of the plurality of human civilizations and cultures, past and present.