The principle of complementarity in the ICC statute: a first approximation

Abstract

Perhaps the first known international trial in the field of international criminal law is that of Peter Von Hagenbach, which took place in 1474; in it, he was condemned and beheaded after being found guilty of war crimes and various atrocities committed during the occupation of Breisach, Germany (Schabas, 2007). The latter, in his turn, defended himself by claiming to have received superior orders from Charles "The Bold", Duke of Burgundy (Ntanda Nsereko, 1999); hence, the relevance of this precedent is dual: on the one hand, for being the first international trial; and, on the other, for establishing itself as a benchmark in the discussion of the hierarchical superior's order in the scenario of justifications.