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The Trial of the Kaiser$
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William A. Schabas

Print publication date: 2018

Print ISBN-13: 9780198833857

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780198833857.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 August 2021

An International Criminal Court

An International Criminal Court

(p.157) 11 An International Criminal Court
The Trial of the Kaiser

William A. Schabas

Oxford University Press

The earliest proposals for an international criminal court emerge during the sessions of the Commission on Responsibilities. The French insist that it will offer a ‘greater stage’, something that is necessary if the former German Emperor is to be prosecuted. On this issue, too, the Americans are totally opposed. The Commission also debates whether or not the Kaiser may be able to invoke immunity as a Head of State. It also considers a notion of guilt by abstention, whereby a leader may be tried for the crimes of subordinates to the extent that he or she failed to intervene to prevent the punishable acts, a doctrine known today as ‘superior responsibility’.

Keywords:   International Criminal Court, Commission on Responsibilities, immunity, Head of State, superior responsibility

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