What is the MCC
The Mexican criminal code was completed in 1871 and took 10 years to complete, was the first domestic criminal code to criminalize the laws of war - it incorporated laws of war from the international humanitarian law
What was article 1139?
“violations of duties of humanity” - criminalized violations of customs and laws of war, laws of nations, and duties of humanity
Who was Benito Juarez?
Leader of liberal reform in Mexico (Reforma movement), he commissioned the MCC
Who was Antonio Martínez de Castro?
led project of creating MCC which was completed in 1871
Who was Maximilian of Hasburg?
emperor, tried for war crimes and executed in 1867
why was Vattel cited in Maximilians trial in 1867?
Vattel was cited so that it could be stated that as a violator of the law (war and humanity), Maximilian could be executed - he was tried after French withdrawal in 1867
what was the French intervention?
1862-1867 Napoleon III intervened in Mexico with goal of establishing a euro-style monarchy
what happened between 1862-1867
French intervention
What happened in 1867?
execution of Maximilian
Who was Emer de Vattel?
legal thinker, wrote the law of nations, cited in Max’s trial
How did MCC differ from the Lieber code?
MCC- criminal law- protects against invaders
lieber code - military orders, used by occupiers -
essentially, two opposite legal prospectives
3 key ways:
-applicability of domestic law
-severity of punishments
-granting of combatant immunity to rebels - punishment of those who resist the army
what was the lieber code?
USA Military code
what concept justified including war crimes in international law?
criminal law protects most fundamental values -
-humanity
-diplomatic immunity
-anti-slavery
-sovereignty
What did Benito Juarez believe about religion and politics?
that religion had no place in politics
What key idea did Benito Juarez push/why did Juarez commission the MCC
believed that in order to be taken seriously by “civilized Nations” and gain respect, all must abide by law to gain respect- encouraged this, and commissioned MCC to codify - to be viewed as equal with western powers”
What was Mexicos goal through codification?
Assert sovereignty and gain international recognition by aligning with universal legal standards