ABSTRACT
The purpose of this chapter is to look beyond the claims made by politicians and to examine whether there is indeed a solid legal basis for judicial interventionism. Supporters of judicial interventionism adduce the numerous ad hoc criminal tribunals that have been created since the end of the Cold War in support of their argument that international law is being changed by precedent. It is well known that World War II, prosecutions were carried out by international tribunals against the German leaders in Nuremberg and against the Japanese in Tokyo. In 2008, Germany initiated proceedings against Italy, alleging that it was failing to respect Germany's sovereign immunity because Italian courts had ruled on claims made by Italian and Greek nationals that they had been victims of acts committed by the German Reich during World War II.
