The Interpretation of the Nuremberg Principles by the French Court of Cassation: From Touvier to Barbie and Back Again

Abstract

This article tracks and critiques the development of French crimes against humanity jurisprudence. It does so first by examining the development of the concept of crimes against humanity in International law through the Nuremberg Trials. While these developments were an important step for crimes against humanity doctrine, their ambiguities and potential narrowness set up problems for future applying courts. The article then focuses on the evolution of crimes against humanity in French law through an examination of the Touvier and Barbie prosecutions. These convoluted, decades-long cases highlight the difficulties and missteps faced by French courts in applying crimes against humanity doctrines. Finally, the article critiques the decisions of the French courts in Touvier and Barbie, finding problematic their substantial restricting of crimes against humanity doctrine and its banalization through the French courts' decision to classify the crimes as mere "common crimes."

Keywords: crimes against humanity; Nuremberg Trials; Paul Touvier; Klaus Barbie; International Military Tribunal Charter; international law; war crimes; French law; France; jurisprudence; World War II; London Accord; Hague Conventions; Moscow Declaration