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Human Rights &
Humanitarian Law
Principles of the Nuremberg Tribunal, 1950
Adopted by the International Law Commission of the United
Nations, 1950
Introductory note: Under General Assembly
Resolution 177 (II), paragraph (a), the International Law Commission was
directed to "formulate the principles of international law recognized in the
Charter of the Nuremberg Tribunal and in the judgment of the Tribunal." In
the course of the consideration of this subject, the question arose as to
whether or not the Commission should ascertain to what extent the principles
contained in the Charter and judgment constituted principles of
international law. The conclusion was that since the Nuremberg Principles
had been affirmed by the General Assembly, the task entrusted to the
Commission was not to express any appreciation of these principles as
principles of international law but merely to formulate them. The text below
was adopted by the Commission at its second session. The Report of the
Commission also contains commentaries on the principles (see Yearbook of
the Intemational Law Commission, 1950, Vol. II, pp. 374-378). Authentic
text: English Text published in Report of the International Law
Commission Covering its Second Session, 5 June-29 Duly 1950, Document
A/1316, pp. 11-14.
Principle I Any person who commits an act which constitutes a
crime under international law is responsible therefor and liable to
punishment.
Principle II The fact that internal law does not impose a penalty
for an act which constitutes a crime under international law does not
relieve the person who committed the act from responsibility under
international law.
Principle III The fact that a person who committed an act which
constitutes a crime under international law acted as Head of State or
responsible Government official does not relieve him from responsibility
under international law.
Principle IV The fact that a person acted pursuant to order of
his Government or of a superior does not relieve him from responsibility
under international law, provided a moral choice was in fact possible to
him.
Principle V Any person charged with a crime under international
law has the right to a fair trial on the facts and law.
Principle Vl The crimes
hereinafter set out are punishable as crimes under; international law:
- Crimes against peace:
- Planning, preparation, initiation or waging of a war of aggression or
a war in violation of international treaties, agreements or assurances;
- Participation in a common plan or conspiracy for the accomplishment of
any of the acts mentioned under (i).
- War crimes:
Violations of the laws or customs of war which include, but
are not limited to, murder, ill-treatment or deportation to slave-labor or
for any other purpose of civilian population of or in occupied territory,
murder or ill treatment of prisoners of war, of persons on the seas, killing
of hostages, plunder of public or private property, wanton destruction of
cities, towns, or villages, or devastation not justified by military
necessity.
- Crimes against humanity:
Murder, extermination, enslavement, deportation and other
inhuman acts done against any civilian population, or persecutions on
political, racial or religious grounds, when such acts are done or such
persecutions are carried on in execution of or in connection with any crime
against peace or any war crime.
Principle VII Complicity in the commission of a crime against
peace, a war crime, or a crime against humanity as set forth in Principles
VI is a crime under international law.
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