Eichmann was charged in Israel under their Nazi Collaborators Law for his role in the Holocaust. His defense argued that his kidnapping from Argentina was illegal, he was following superior orders, and that Israel did not have jurisdiction. He was ultimately found guilty and hanged in 1962. The document then provides background on the Nuremberg trials after WWII where German officials were prosecuted for war crimes. It notes some of the logistical and symbolic reasons for holding the trials in Nuremberg.
The Nuremberg trials were a series of 13 trials of Nazi war criminals held in Nuremberg, Germany from 1945 to 1949. The first and most notable was the trial of the major war criminals before the International Military Tribunal from 1945 to 1946. 24 Nazi leaders were indicted for war crimes, crimes against peace, and crimes against humanity and several Nazi organizations were declared criminal. As a result, many defendants were sentenced to death or imprisonment. The trials established precedents for international law and the prosecution of war crimes.
The Nuremberg Trials were a series of 13 trials held between 1945 and 1949 in Nuremberg, Germany. Major Nazi war criminals were prosecuted for crimes against peace, war crimes, and crimes against humanity. The most well-known trial was the Trial of Major War Criminals which prosecuted top Nazi leaders. Of the 22 defendants, 19 were convicted and 12 were sentenced to death. The trials established important precedents for international law and the prosecution of war crimes.
The document provides background information on several international criminal tribunals and courts:
1. The Tokyo and Nuremberg tribunals established after World War II to prosecute war criminals from Japan and Germany. They set precedents for international prosecution and defined war crimes, crimes against humanity, and crimes against peace.
2. The European Court of Human Rights ensures states comply with the European Convention on Human Rights. It decides complaints of human rights violations against states.
3. The Special Court for Sierra Leone prosecuted those bearing greatest responsibility for serious crimes during Sierra Leone's civil war. It had jurisdiction over international crimes and some domestic laws.
4. Other courts discussed include the International Criminal
The document discusses the Nuremberg trials that took place after World War II. It describes how the Allied powers established the International Military Tribunal to try Nazi war criminals for conspiracy, crimes against peace, war crimes, and crimes against humanity. Twenty-four high-ranking Nazi officials were selected as defendants, including Hermann Goering. Evidence was presented over the course of the trials. Ultimately, three organizations were found guilty, three were acquitted, and several individuals received sentences including eight death sentences for Goering and others. The trials helped document Hitler's rise to power and role in the war, though many other Nazis escaped prosecution.
The document provides background information on several international criminal tribunals and courts:
1. The Tokyo and Nuremberg tribunals prosecuted war crimes after World War II. The Tokyo tribunal tried Japanese leaders and had broader temporal jurisdiction than Nuremberg.
2. Other courts discussed include the International Criminal Court (ICC), European Court of Human Rights, Special Court for Sierra Leone (SCSL), and Extraordinary Chambers in the Courts of Cambodia (ECCC). These have jurisdiction over crimes against humanity, war crimes, and genocide.
3. Punishments vary by court but can include imprisonment, with some like the ICC unable to impose the death penalty. Jurisdiction and procedures
Andreas r. wesserle allied war crimes trials - journal of historical review...RareBooksnRecords
This document summarizes the major Allied war crimes trials that took place after World War II. It describes the International Military Tribunal at Nuremberg which tried high-ranking Nazi officials for crimes against peace, war crimes, and crimes against humanity from 1945-1946. It also discusses the International Military Tribunal for the Far East in Tokyo which tried Japanese officials from 1946-1948 for war crimes and crimes against peace. Additionally, it outlines other war crimes trials conducted by individual Allied powers in Europe and the Far East against lower-level German and Japanese officials.
Excited to share Module 2 of my lecture series on International Criminal Law, where we dive deep into the historic Nuremberg Trials and their profound impact on shaping the foundations of international criminal law. 🌍
Join me as we uncover Nuremberg's principal contribution towards the criminalization of aggression in international law, a milestone that continues to shape the global legal landscape.
Stay tuned for a fascinating exploration of how history has shaped the course of international justice! 📚
The Nuremberg trials were a series of 13 trials of Nazi war criminals held in Nuremberg, Germany from 1945 to 1949. The first and most notable was the trial of the major war criminals before the International Military Tribunal from 1945 to 1946. 24 Nazi leaders were indicted for war crimes, crimes against peace, and crimes against humanity and several Nazi organizations were declared criminal. As a result, many defendants were sentenced to death or imprisonment. The trials established precedents for international law and the prosecution of war crimes.
The Nuremberg Trials were a series of 13 trials held between 1945 and 1949 in Nuremberg, Germany. Major Nazi war criminals were prosecuted for crimes against peace, war crimes, and crimes against humanity. The most well-known trial was the Trial of Major War Criminals which prosecuted top Nazi leaders. Of the 22 defendants, 19 were convicted and 12 were sentenced to death. The trials established important precedents for international law and the prosecution of war crimes.
The document provides background information on several international criminal tribunals and courts:
1. The Tokyo and Nuremberg tribunals established after World War II to prosecute war criminals from Japan and Germany. They set precedents for international prosecution and defined war crimes, crimes against humanity, and crimes against peace.
2. The European Court of Human Rights ensures states comply with the European Convention on Human Rights. It decides complaints of human rights violations against states.
3. The Special Court for Sierra Leone prosecuted those bearing greatest responsibility for serious crimes during Sierra Leone's civil war. It had jurisdiction over international crimes and some domestic laws.
4. Other courts discussed include the International Criminal
The document discusses the Nuremberg trials that took place after World War II. It describes how the Allied powers established the International Military Tribunal to try Nazi war criminals for conspiracy, crimes against peace, war crimes, and crimes against humanity. Twenty-four high-ranking Nazi officials were selected as defendants, including Hermann Goering. Evidence was presented over the course of the trials. Ultimately, three organizations were found guilty, three were acquitted, and several individuals received sentences including eight death sentences for Goering and others. The trials helped document Hitler's rise to power and role in the war, though many other Nazis escaped prosecution.
The document provides background information on several international criminal tribunals and courts:
1. The Tokyo and Nuremberg tribunals prosecuted war crimes after World War II. The Tokyo tribunal tried Japanese leaders and had broader temporal jurisdiction than Nuremberg.
2. Other courts discussed include the International Criminal Court (ICC), European Court of Human Rights, Special Court for Sierra Leone (SCSL), and Extraordinary Chambers in the Courts of Cambodia (ECCC). These have jurisdiction over crimes against humanity, war crimes, and genocide.
3. Punishments vary by court but can include imprisonment, with some like the ICC unable to impose the death penalty. Jurisdiction and procedures
Andreas r. wesserle allied war crimes trials - journal of historical review...RareBooksnRecords
This document summarizes the major Allied war crimes trials that took place after World War II. It describes the International Military Tribunal at Nuremberg which tried high-ranking Nazi officials for crimes against peace, war crimes, and crimes against humanity from 1945-1946. It also discusses the International Military Tribunal for the Far East in Tokyo which tried Japanese officials from 1946-1948 for war crimes and crimes against peace. Additionally, it outlines other war crimes trials conducted by individual Allied powers in Europe and the Far East against lower-level German and Japanese officials.
Excited to share Module 2 of my lecture series on International Criminal Law, where we dive deep into the historic Nuremberg Trials and their profound impact on shaping the foundations of international criminal law. 🌍
Join me as we uncover Nuremberg's principal contribution towards the criminalization of aggression in international law, a milestone that continues to shape the global legal landscape.
Stay tuned for a fascinating exploration of how history has shaped the course of international justice! 📚
Nuremberg principles crimes against humanity (wikipedia information)VogelDenise
Crimes against humanity are serious offenses that violate fundamental human rights. They are part of a widespread or systematic attack directed at civilian populations. The concept emerged after World War II and was used at the Nuremberg trials to prosecute Nazi leaders for atrocities against German citizens. It was further defined by international agreements and tribunals. Today, crimes against humanity fall under the jurisdiction of the International Criminal Court.
International Law PPT define the source.pptdagarharish732
International law is defined as both the traditional rules governing relations between states, as well as the increasing view that individuals and corporations can be subjects of international law. It derives from explicit agreements between states, customary law reflecting widespread and consistent state practices, and general principles of morality. Key areas of international law addressed include war, human rights, diplomacy, and the environment. While international law aims to impose obligations on states, enforcement is limited. Disputes can be settled in the International Court of Justice or national courts, but the most effective enforcement often comes from public shaming by NGOs and international media. Powerful states like the United States also sometimes exempt themselves from international agreements.
This document discusses the history and process of codifying international law. It outlines key events and efforts over time to systematically organize international legal rules and principles into written codes and agreements. Some of the major developments mentioned include the Hague Conferences of 1899 and 1907 which resulted in the first international conventions, the work of the League of Nations and United Nations to further codification, and important conventions on topics like the law of the sea, diplomatic relations, and treaties. Both benefits and challenges of the codification process are also reviewed.
International criminal law is a branch of public international law that deals with individual criminal responsibility for international crimes such as war crimes, crimes against humanity, and genocide. It developed from prohibitions on piracy and slavery, and gained new relevance after World War I and World War II due to widespread atrocities. International criminal law shares sources and principles with international humanitarian law, and enforcement has evolved from early state responsibility to individual criminal liability under international and domestic courts.
NUREMBERG - Crimes Against Humanity/Crimes Against Peace (For TRANSLATION)VogelDenise
The document discusses the United States' potential violations of international laws and treaties related to crimes against humanity and crimes against peace as defined by the Nuremberg Principles. It provides background information on the definitions and historical development of these concepts, including their incorporation into the Rome Statute and International Criminal Court. The document calls for holding US heads of state and officials accountable for their alleged criminal acts under international law.
The document provides an overview of the evolution and key aspects of international criminal law. It discusses how international criminal law began with the Nuremberg trials after WWII, which established crimes like war crimes, crimes against humanity, and crimes of aggression. Since then, several ad hoc tribunals have been created to prosecute international crimes in conflicts like Rwanda and Yugoslavia. More recently, the permanent International Criminal Court was established in 2002 to prosecute genocide, war crimes, crimes against humanity, and the crime of aggression, while respecting the principle of complementarity giving domestic courts priority.
Nuremberg principles war crime (wikipedia information)VogelDenise
War crimes are serious violations of international humanitarian law that are committed during armed conflict. Examples include murder of civilians, torture of prisoners of war, and wanton destruction of cities. The concept of war crimes was first codified in the Hague Conventions of 1899 and 1907, and further developed after World War II through bodies like the Nuremberg Trials. Individuals can be held criminally responsible for war crimes, including military commanders and heads of state.
This document provides a summary of key events related to human rights violations and progress from 1933 to 1953. It describes:
1) The rise of Nazi Germany and the passage of discriminatory laws excluding and persecuting Jewish people, as well as the murder of disabled individuals.
2) The Nuremberg laws of 1935 which codified racial anti-Semitism and stripped Jewish people of their German citizenship.
3) Joseph Stalin's "Great Purge" in the Soviet Union from the 1930s-1950s, in which millions of innocent Soviet citizens were arrested and killed or died in gulags based on fabricated charges.
4) The Holocaust during WWII in which approximately 6 million European Jews were ex
The document discusses wartime rape and the international laws around it. It provides background on how wartime rape has historically been endemic, committed with impunity, and trivialized in international law. It outlines key precedents like the International Criminal Tribunal for the Former Yugoslavia recognizing rape as a crime against humanity. The International Criminal Court is highlighted as the first court to codify rape and sexual violence as war crimes and crimes against humanity in its Rome Statute. However, issues around sovereignty and continued uses of rape in conflicts persist.
Implementation of international law in current political scenarionimra soomro
International law governs relations between states. It develops over time through treaties, agreements, and customs. While there is no single enforcing authority, international law influences states' behavior and policies. Enforcement can be difficult without consensus, as states may prioritize political interests over legal obligations. Overall, international law provides stability and order in international relations.
The document discusses trials held by international courts, including the trials of Saddam Hussein, Slobodan Milosevic, and cases handled by the International Criminal Tribunal for Rwanda. It provides background on the International Court of Justice and describes some of the major cases they have heard. Specifically, it outlines the charges against Saddam Hussein for crimes against humanity, the charges against Milosevic for genocide and crimes against humanity, and precedents set by the ICTR, including the first time rape was classified as genocide.
1933-1939 saw the rise of discriminatory laws in Germany that progressively excluded and deprived Jews of their rights and livelihoods. This culminated in the Nuremberg Laws of 1935 which defined Jews by ancestry and stripped them of German citizenship. During World War 2, the Nazi regime systematically exterminated approximately 6 million European Jews in concentration camps and killing centers.
This document provides an overview of international criminal law. It discusses the sources of international criminal law, including treaties, customary international law, general principles of law, and judicial decisions. It then examines some key concepts in international criminal law, such as crimes against humanity, war crimes, and genocide. The document notes that international criminal law places responsibility on individuals, rather than states. It also discusses the Rome Statute and the International Criminal Court.
The Nuremberg Code was established following World War II experiments on human subjects without consent. It outlined 10 ethical principles for protecting human subjects in research, including requiring voluntary consent. The Code was one of the foundational documents that influenced later guidelines like the Declaration of Helsinki. It established international norms against nonconsensual human experimentation in the aftermath of atrocities committed by Nazi doctors during the war. Some have argued Covid vaccinations violate principles of the Nuremberg Code by not obtaining fully informed consent. However, others counter that public health needs can outweigh individual consent under emergency circumstances like a pandemic. The ethical debates continue around balancing individual rights and public welfare.
The document discusses the definitions and sources of international humanitarian law (IHL), also known as the laws of war. It explains that IHL aims to limit suffering and protect civilians during armed conflicts by establishing rules for combatants and military objectives. The main sources of IHL are lawmaking treaties like the Geneva and Hague Conventions, as well as customary international law. The document outlines the key purposes and applicability of IHL, and consequences for violating its provisions.
The document discusses the history and development of the concept of human rights from its origins in the Renaissance and Reformation through modern international agreements like the Universal Declaration of Human Rights. It outlines the three generations of rights - civil/political, economic/social/cultural, and collective/solidarity. Key milestones discussed include the Geneva Conventions establishing international humanitarian law and protections for civilians and prisoners of war. The United Nations system plays an important role in standard setting and enforcement of human rights through various committees, councils, and the Office of the High Commissioner for Human Rights.
Nuremberg principles crimes against humanity (wikipedia information)VogelDenise
Crimes against humanity are serious offenses that violate fundamental human rights. They are part of a widespread or systematic attack directed at civilian populations. The concept emerged after World War II and was used at the Nuremberg trials to prosecute Nazi leaders for atrocities against German citizens. It was further defined by international agreements and tribunals. Today, crimes against humanity fall under the jurisdiction of the International Criminal Court.
International Law PPT define the source.pptdagarharish732
International law is defined as both the traditional rules governing relations between states, as well as the increasing view that individuals and corporations can be subjects of international law. It derives from explicit agreements between states, customary law reflecting widespread and consistent state practices, and general principles of morality. Key areas of international law addressed include war, human rights, diplomacy, and the environment. While international law aims to impose obligations on states, enforcement is limited. Disputes can be settled in the International Court of Justice or national courts, but the most effective enforcement often comes from public shaming by NGOs and international media. Powerful states like the United States also sometimes exempt themselves from international agreements.
This document discusses the history and process of codifying international law. It outlines key events and efforts over time to systematically organize international legal rules and principles into written codes and agreements. Some of the major developments mentioned include the Hague Conferences of 1899 and 1907 which resulted in the first international conventions, the work of the League of Nations and United Nations to further codification, and important conventions on topics like the law of the sea, diplomatic relations, and treaties. Both benefits and challenges of the codification process are also reviewed.
International criminal law is a branch of public international law that deals with individual criminal responsibility for international crimes such as war crimes, crimes against humanity, and genocide. It developed from prohibitions on piracy and slavery, and gained new relevance after World War I and World War II due to widespread atrocities. International criminal law shares sources and principles with international humanitarian law, and enforcement has evolved from early state responsibility to individual criminal liability under international and domestic courts.
NUREMBERG - Crimes Against Humanity/Crimes Against Peace (For TRANSLATION)VogelDenise
The document discusses the United States' potential violations of international laws and treaties related to crimes against humanity and crimes against peace as defined by the Nuremberg Principles. It provides background information on the definitions and historical development of these concepts, including their incorporation into the Rome Statute and International Criminal Court. The document calls for holding US heads of state and officials accountable for their alleged criminal acts under international law.
The document provides an overview of the evolution and key aspects of international criminal law. It discusses how international criminal law began with the Nuremberg trials after WWII, which established crimes like war crimes, crimes against humanity, and crimes of aggression. Since then, several ad hoc tribunals have been created to prosecute international crimes in conflicts like Rwanda and Yugoslavia. More recently, the permanent International Criminal Court was established in 2002 to prosecute genocide, war crimes, crimes against humanity, and the crime of aggression, while respecting the principle of complementarity giving domestic courts priority.
Nuremberg principles war crime (wikipedia information)VogelDenise
War crimes are serious violations of international humanitarian law that are committed during armed conflict. Examples include murder of civilians, torture of prisoners of war, and wanton destruction of cities. The concept of war crimes was first codified in the Hague Conventions of 1899 and 1907, and further developed after World War II through bodies like the Nuremberg Trials. Individuals can be held criminally responsible for war crimes, including military commanders and heads of state.
This document provides a summary of key events related to human rights violations and progress from 1933 to 1953. It describes:
1) The rise of Nazi Germany and the passage of discriminatory laws excluding and persecuting Jewish people, as well as the murder of disabled individuals.
2) The Nuremberg laws of 1935 which codified racial anti-Semitism and stripped Jewish people of their German citizenship.
3) Joseph Stalin's "Great Purge" in the Soviet Union from the 1930s-1950s, in which millions of innocent Soviet citizens were arrested and killed or died in gulags based on fabricated charges.
4) The Holocaust during WWII in which approximately 6 million European Jews were ex
The document discusses wartime rape and the international laws around it. It provides background on how wartime rape has historically been endemic, committed with impunity, and trivialized in international law. It outlines key precedents like the International Criminal Tribunal for the Former Yugoslavia recognizing rape as a crime against humanity. The International Criminal Court is highlighted as the first court to codify rape and sexual violence as war crimes and crimes against humanity in its Rome Statute. However, issues around sovereignty and continued uses of rape in conflicts persist.
Implementation of international law in current political scenarionimra soomro
International law governs relations between states. It develops over time through treaties, agreements, and customs. While there is no single enforcing authority, international law influences states' behavior and policies. Enforcement can be difficult without consensus, as states may prioritize political interests over legal obligations. Overall, international law provides stability and order in international relations.
The document discusses trials held by international courts, including the trials of Saddam Hussein, Slobodan Milosevic, and cases handled by the International Criminal Tribunal for Rwanda. It provides background on the International Court of Justice and describes some of the major cases they have heard. Specifically, it outlines the charges against Saddam Hussein for crimes against humanity, the charges against Milosevic for genocide and crimes against humanity, and precedents set by the ICTR, including the first time rape was classified as genocide.
1933-1939 saw the rise of discriminatory laws in Germany that progressively excluded and deprived Jews of their rights and livelihoods. This culminated in the Nuremberg Laws of 1935 which defined Jews by ancestry and stripped them of German citizenship. During World War 2, the Nazi regime systematically exterminated approximately 6 million European Jews in concentration camps and killing centers.
This document provides an overview of international criminal law. It discusses the sources of international criminal law, including treaties, customary international law, general principles of law, and judicial decisions. It then examines some key concepts in international criminal law, such as crimes against humanity, war crimes, and genocide. The document notes that international criminal law places responsibility on individuals, rather than states. It also discusses the Rome Statute and the International Criminal Court.
The Nuremberg Code was established following World War II experiments on human subjects without consent. It outlined 10 ethical principles for protecting human subjects in research, including requiring voluntary consent. The Code was one of the foundational documents that influenced later guidelines like the Declaration of Helsinki. It established international norms against nonconsensual human experimentation in the aftermath of atrocities committed by Nazi doctors during the war. Some have argued Covid vaccinations violate principles of the Nuremberg Code by not obtaining fully informed consent. However, others counter that public health needs can outweigh individual consent under emergency circumstances like a pandemic. The ethical debates continue around balancing individual rights and public welfare.
The document discusses the definitions and sources of international humanitarian law (IHL), also known as the laws of war. It explains that IHL aims to limit suffering and protect civilians during armed conflicts by establishing rules for combatants and military objectives. The main sources of IHL are lawmaking treaties like the Geneva and Hague Conventions, as well as customary international law. The document outlines the key purposes and applicability of IHL, and consequences for violating its provisions.
The document discusses the history and development of the concept of human rights from its origins in the Renaissance and Reformation through modern international agreements like the Universal Declaration of Human Rights. It outlines the three generations of rights - civil/political, economic/social/cultural, and collective/solidarity. Key milestones discussed include the Geneva Conventions establishing international humanitarian law and protections for civilians and prisoners of war. The United Nations system plays an important role in standard setting and enforcement of human rights through various committees, councils, and the Office of the High Commissioner for Human Rights.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
2. Eichmann was charged with violating the Israeli Nazi
Collaborators Law of 1950
Eichmann defense:
1. Illegally kidnapped (territoriality challenge)
2. Superior order defense (mens rae challenge)
3. Territorial jurisdiction (extra-territoriality)
a. Intrapersonal jurisdiction
b. Protective jurisdiction
c. Passive Personality Principle
d. Piracy Principle
e. Princeton Principle on Universal Jurisdiction
(Erga Omnes; Jus Cogens)
3. 4. Ex post facto concerns
5. Israeli government opposition to the death penalty
6. Administrative legality (not used)
7. Change the venue (too late)
Eichmann was found guilty of crimes against the
Jewish people, and was executed in May of 1962.
4. The London Charter (signed 8/45) established the
International Military Tribunal – U.S., France, England
and the Soviet Union gave themselves the power to
prosecute German officials for war crimes.
Soviet Union wanted the trials to be held in Berlin, but
the others wanted the trial to be held in Nuremberg.
A compromise was reached. The International Military
Tribunal opened in Berlin (10/45), but then moved to
Nuremberg thereafter (11/45)
5. 1. The first anti-Jewish laws were passed there, the 1934
Nuremberg Laws.
2. Nuremberg was the historic center/the heart really of
Germany and holding the trials there had the
symbolic value of dominance and ascendency.
3. Nuremberg was the center of the early Nazi
movement (after the Munich Putsch, Hitler came to
Nuremberg to re-start his movement) and it was the
site of many Nazi rally's.
4. Nuremberg had one of the few standing courthouses
left in Germany after World War II (pragmatic reality –
no place else to hold it!)
6. Initially hearing in Berlin resulted in the indictment of 24
major war criminals and 6 criminal organizations. Of
those 24 individuals who were indicted:
- One committed suicide before the trial began
- One was found medically unfit to stand trial
- Three were acquitted
- 19 were found guilty:
a. 12 were sentenced to death (10 eventually hung)
b. 3 received life sentences
c. 4 received prison sentences between 10 & 20 years
7. What of the two who were sentenced to death but not hung?
a. Herman Goring committed suicide the day before he was
to be hung.
b. Martin Bormann was tried and convicted in absentia. It
was not known until 1972 that he had committed
suicide in May of 1945.
Over the course of the ensuing 3 years, 175 others were also
tried in Nuremberg as war criminals in further proceedings,
and another 1,600 were tried for lessor offenses utilizing
existing military disciplinary protocols. There were in total,
13 different trial settings in Nuremberg that lasted until
October of 1949.
8. l. Victor’s “Justice” (gave the pre-disposed executions
the sanctimonious veneer of legality)
2. Military trials, but civilians tried
3. Violated the separation of powers principle
4. Ex post facto concerns
5. Violated German sovereignty
6. Superior order defense (no individual mens rae)
7. Administrative legality (not used)
9. The Nuremberg “trials” were pre-disposed hearings driven by a
desire for revenge under the stench of a self-righteous guise of
judicial impartiality.
Consider further these ironies:
1. Prosecutors from England put the case together regarding
German forced colonialization.
2. Prosecutors from France put the case together regarding
German’s theft of art.
3. Prosecutors from Russia put the case together regarding
German crimes against humanity.
4. These trials were paid for by America, with its long history of
Jim Crow laws and genocidal treatment of Native Americans.
Quintessential hypocrisy
10. The International Military Tribunal for the Far East (the
“Tokyo Trials”) convened 4/46 and adjourned 12/48. A panel
of 12 judges from 9 nations were appointed. The Trials
covered activities from 9/31 to 8/45. In the primary trial, 28
military leader were charged with war crimes. Of those, 7
were hung, 16 received life sentences, 2 received lighter
sentences, 2 died during the trial and 1 was declared insane.
More than 5,700 were charged in other proceedings.
China held 13 post-WWII trials resulting in 149 executions.
The Soviet Union held a number of post-WWII trials, but the
details and outcomes were never publicized.
11. 1. Egyptian/Hittite agreement of 1259 (Eternal
Treaty; Silver Treaty; Treaty of Kadesh)
2. Treaty of Mesilim; Lagash Umma Treaty (2550
BC?)
3. Treaty of Windsor of 1386
4. Hugo Grotius, De Jure Belli ac Pacis (1625)
12. International law is not “law” in the strict sense but
rather custom and tradition. It’s evolving norms,
standards and guidelines generally accepted by/shared
by the international community in a common consent
context (Erga Omnes).
International courts will lack mechanisms to enforce
their rulings. Treaties, protocols and conventions can
be written with cooperation and adherence as the goal,
but there is nothing to ensure or force compliance.
13. Drawing on the writings of Grotius, the looming
Nuremberg and Tokyo trials, and the League of
Nations experience, the United Nations
established the International Court of Justice
(first met 4/46).
Footnote thought – Permanent Court of
International Justice was active from 1922 to
1940 and handled 29 cases. Was formally
dissolved 4/48.
14. The Father of International Law, Grotius wrote his 3-
volume work, On the Law of War and Peace (1628)
primarily while in prison in his home country of the
Netherlands, arrested for his attempt to calm the civil
and religious wars that racked his country during his
entire lifetime
Dickinson was a Professor at Cambridge University.
Familiar with Grotius’ work, he began to champion the
idea of international law at the outset of WWI. He
actively advocated and promoted the establishment of
a cooperative league of nations.
15. First met in April of 1946
Located in The Hague
Is an entity of the United Nations
There are 15 judges who serve 9-year terms
Handles legal disputes between member states of the
United Nations, provides advisory options to the
United Nations and to other international entities, and
has jurisdiction over 22 international crimes (though by
agreement, the ICC takes on the four war crime-type
cases).
16. 1. aggression (crime against peace)
2. war crimes
3. crimes against humanity
4. genocide
5. unlawful use of weapons/unlawful emplacement of weapons
6. racial discrimination and apartheid
7. slavery and related crimes
8. torture
9. unlawful medical experimentation
10. piracy
11. aircraft hijacking
12. threat and use of force against internationally protected persons
13. taking of civilian hostages
14. drug offenses
15. international traffic in obscene publications
16. destruction and/or theft of national treasures
17. environmental protection
18. theft of nuclear materials
19. unlawful use of the mails
20. interference with submarine cables
21. falsification and counterfeiting
22. bribery of foreign public officials
17. Proposed in 1872 after the brutal Franco-Prussian War
Concept discussed again after WWI
Concept reviewed again after WWII in the aftermath of the
Nuremberg and Tokyo Trials
United Nations entities began a review of the matter in the
late 1940s
United Nations again reviews the matter in the 1990s after
the Yugoslavian and Rwandan genocides
The U.N.’s International Law Commission is tasked in 1994
to develop a proposal to establish an international war
crimes tribunal, and to look to the recently U.N. created war
crime tribunals in Rwanda and Yugoslavia
18. ICTY – Established in May of 1993 by the Untied
Nations to examine war crimes perpetrated during
the Yugoslavian conflict in the early 1990s. The
court met for 24 years and handed down 161
indictments.
ICTR – Established in November of 1994 by the
United Nations to examine war crimes perpetrated
during the Rwandan conflict in 1994. The court met
for 21 years and handed down 95 indictments
19. The International Law Commission presents a draft proposal to the
United Nations calling for the creation of the International
Criminal Court that would handle car crime-type cases in late
1994.
That draft went thru many iterations, and the final proposal was
adopted by the United Nations General Assembly at a meeting in
Rome in by a vote of 120 – 7 in July of 1998 (the 7 opponents were
China, Libya, Yemen, Qatar, Libya, Israel, United States)
The proposal was ratified by enough nations (60) in April of 2002
and the court official began operations later that year.
20. First met in July of 2002
Located in The Hague
It is a free-standing entity (not tied to the U.N.)
123 countries are participating members
There are 18 judges who serve 9-year terms
Shares jurisdiction with the ICJ over war crimes, crimes
against peace/crimes of aggression, crimes against
humanity and genocide but by agreement, the ICC
takes these war crime-type cases as they are too time
consuming for the ICJ
21. War crimes - Acts of violence against civilian populations or prisoners of war
by military personnel in violation of the laws and customs of war, not justified by
military necessity; Acts involving weapons or military methods of unusual
cruelty or devastation. Violence is the nature of warfare, though it is generally
recognized that violence should be limited to military personnel and military
targets.
Crime Against Peace/Crimes of Aggression - Acts based on the distinction
between offensive and defensive warfare. Offensive wars are illegal, but wars
in defense of one’s country and sovereignty are considered legal.
Crime Against Humanity - Acts that violate concepts of natural law and natural
rights of human beings as human beings.
Genocide - The deliberate extermination of one class, race, or religious group b
another.
22. The ICC is too methodical, too slow
The IIC is toothless (has no enforcement powers)
The ICC infringes on territorial sovereignty (Jus Cogens
challenges)
The latter is a bogus argument used to save face by the
powerful nations who wish to move with impunity – to
do as they please with no consequences. The United
States, which is not a member state of the ICC, is both
the quintessential case in point, and the quintessential
hypocrite in this context.
23. The United Nations has no kinetic enforcement
powers of any consequence. What it does have
is something even stronger – it is a setting for
aggregate decision making which builds on the
principle of convergence theory.
Collective decision-making yields intrinsic
adherence and cooperation and that velvet
glove is far stronger than the iron fist in the
long-run.
24. Many in the U.S. cling to a strict territoriality or
sovereignty principle. With the passage of the Protect
Act of 2003, that notion was undercut as this law
leaned in the direction of Universal Jurisdiction in both
an Erga Omnes and Jus Cognes context.
American citizens who engage in sexual activities with
minors on foreign soil may be prosecuted in American
courts for this activity, even if the activity was not
illegal in the country where the activity took place.
25. First met in 1899
Located in The Hague
It is a free-standing entity (not tied to the U.N.)
122 countries are participating members
Assists in resolving disputes between countries,
intergovernmental organizations and private
companies on an international level. Has great
power today
American Diversive Jurisdiction analogy
Facilitated globalization and greatly impacts us
26. Supranational court established in 1957
Located in Strasbourg, France
It is an entity of the Council of Europe
47 countries are participating members
As its name implies, it deals with violations of
human rights by government officials in any of
the 47 Council of Europe member nations
27. Principle established with the Alien Tort Claims Act of 1789
Citizens and foreign residents of the U.S. may sue, in U.S. civil courts,
those who break the law of nations or a treaty of the United States.
Originally designed to go after pirates who were breaking American
laws on the “high seas”
Ancillary acts passed since allows U.S. residents (or their surviving
family) who have been harmed overseas by non-U.S. citizens to
obtain damages from the said non-U.S. perpetrators
Known in slang as the Filartiga Principle. Filartiga was tortured and
killed in Paraguay. One of those involved in the killing came to the
U.S. and was successful sued by the Filartiga family members who
had moved to the U.S.
The trick is actually getting the money, as the perpetrators typically
flee the country and it is too hard to attach a lien on assets that are
abroad
28. Established in 1947
An entity of the United Nations
Develops and refines international protocols,
agreements, and Conventions (ie., Genocide
Convention; Geneva Convention)
Monitors the 560 international agreements and
conventions that are currently “out there”
Refers violations to the U.N. Security Council,
the ICJ, the ICC and other appropriate entities
29. 1. Predisposed Cross-National Tribunals (Nuremberg, Tokyo, Eichmann) – a legal proceeding with judges
from countries whose citizens have been violated/harmed by citizens from other countries.
2. Predisposed Internal/National Tribunals or Truth Commissions (Argentina, Chile, South Africa) – a legal
proceeding with judges from tribes or groups of people in a country who were violated/harmed by other
tribes or groups of people from that same country.
3. Impartial International/Supranational Tribunals – a legal proceeding with impartial 3rd party judges
who are external to the dispute such as:
a. International Criminal Court (the War Crimes Tribunal)
b. International Court of Justice (the World Court)
c. Permanent Court of Arbitration (civil-based entity)
d. European Court of Human Rights (supranational court)
e. International Criminal Tribunal - Rwanda; International Criminal Tribunal - Yugoslavia
4. Hybrid Tribunals (Burundi, Cambodia, East Timor, Lebanon, Sierra Leone) – a legal proceeding with a
mixture of allegedly impartial, 3rd party judges who are external to the dispute, and internal judges (from
groups that have been violated/harmed by those on trial).
30. International tribunals advance two bi-polar punishment
perspectives:
1. Strict accountability (micro justice) – hold individuals
accountable/punish individuals who were responsible; few are
captured and brought to justice, it is extremely expensive, often
descends into a pre-determined Victor’s Justice proceeding
2. Social reconciliation (macro justice) – heal the torn social
fabric and get on with life leaving the hate behind; no attempt to
hold people accountable to any degree of significance, even
basic restitution not mandated; they functioned in the end with
impunity/they got away with it, they just say they are sorry and
that is it
31. There are obviously pros and cons of each international tribunal
punishment perspective. Neither model meets the needs of all
concerned/all who were harmed. Regardless of the outcome,
there will be disappointment.
There are no tidy endings following mass atrocities, following
genocides, in the aftermath of war. We all like tidy endings, we
like closure and accountability and the opportunity to move on
in an un-fettered context. Hollywood certainly plays to these
sentiments, but there are no tidy endings in real (vs. reel) life
when it comes to these matters.
32. There is a great lesson that we can take from Eva Mozes Kor and Farid
Ahmend and so many others. As injustices are done to us in our lives
– great and small, we should respond as did they. There are no tidy
endings, just acknowledge, forgive and forget, and move on, get on
with it, let it be.
I have certainly had wrong things done to me over the years, as have
you all and you wil have many more crooked barbs and arrows yet
coming your way. The relevant issue of concern here is we need to
achieve, accomplish, and make contributions of significance. A soul
cankered soul, replete with hate and revenge diminishes the ability to
achieve and accomplish. A cankered soul diminishes life – that is the
theme of Victor Hugo’s masterpiece, Les Miserables. Do not become a
miserable, unforgiving cankered Javert. Let it be, move forward with
dogged persistence, get on with it, and make contributions of
significance wherever you are.