The May 8, 1945 Massacres: The Problem of Non-Retroactivity in the Nuremberg Charter Between Legal Interpretation and Political Perspective
Samir Haddadi1* 
, Fadila Khalfoun2
Abstract. The massacres of May 8, 1945, in Algeria (Sétif, Guelma, and Kherrata) constitute a pivotal turning point in French colonial history. Peaceful demonstrations demanding independence were met with systematic and brutal repression that resulted in the deaths of thousands of Algerians. Despite their historical significance, these events continue to generate legal and political controversy, particularly because the Nuremberg Charter, which formally established the concept of crimes against humanity, was adopted on August 8, 1945—only ninety-two days after the massacres.
This article examines this paradox through a dual analytical framework combining legal analysis and critical political inquiry. From a legal perspective, it investigates whether customary international law that existed prior to the Nuremberg Charter—particularly the Martens Clause of 1899—provides sufficient legal grounds to overcome the principle of non-retroactivity of criminal laws. From a political perspective, the study explores how France has selectively invoked this principle to shield its colonial crimes from accountability while disregarding the same principle during the prosecution of Nazi war criminals.
The study concludes that the May 8, 1945 massacres fulfilled both the material and mental elements of crimes against humanity under customary international law. Consequently, the strict application of the principle of non-retroactivity in this context reflects a selective and inconsistent interpretation of international criminal law. The article also discusses transitional justice mechanisms and state responsibility as alternative avenues for achieving recognition, accountability, and reparations.
Keywords: Crimes against humanity, transitional justice, customary international law, colonialism, non-retroactivity, Martens Clause