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Author : United Nations War Crimes Commission
Publisher : Unknown
Page : 204 pages
File Size : 50,8 Mb
Release : 1949
Category : War crime trials
ISBN : MINN:31951001563319M
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 51,7 Mb
Release : 1997
Category : War crime trials
ISBN : LCCN:97080284
Author : Anonim
Publisher : Howard Fertig Pub
Page : 128 pages
File Size : 46,5 Mb
Release : 1948
Category : Law
ISBN : 086527407X
Chronicles the High Command Trial of the late 1940s, in which German officers were held accountable for their offenses against humanity.
Author : United Nations War Crimes Commission
Publisher : Unknown
Page : 188 pages
File Size : 41,5 Mb
Release : 1983
Category : Law
ISBN : UOM:39015028563883
Author : The United Nations War Crimes Commission
Publisher : Unknown
Page : 236 pages
File Size : 41,6 Mb
Release : 2013-07-24
Category : Electronic
ISBN : 1491071230
This 15-volume series summarizes the course of the more important proceedings taken against individuals accused of war crimes during World War II, excluding the major war criminals tried by the Nuremberg and Tokyo International Military Tribunals. These representative trials of war criminals were selected for this series based on the major points of municipal and international law that were raised and settled during the trials as well as the potential for the greatest legal interest. For example, Volume 4 includes the trial of General Tomoyuki Yamashita (PDF). Each volume begins with a unique introduction by the Right Honorable Lord Wright of Durley, Chairman of the United Nations War Crimes Commission. At the end of World War I, as everybody knows, there were admirable declarations that war crimes would be punished, and lists of criminals were prepared by a fact-finding committee, but nothing practical was effected towards identifying, tracing and apprehending accused individuals or puttingthem on trial, though an excellent report, with lists of war crimes, was prepared by the Commission on Responsibilities already referred to. The whole thing was abandoned after a few unsatisfactory trials, though at least one useful judgment was produced by the Leipzig Court in the Llandovery Castle case, and though the Leipzig cases (as they have been called) showedhow hopeless it was to expect justice in these circumstances from the courts of the Reich. Hence it came about that the victorious Allies after WorldWar II decided to try war criminals themselves, adopting either the system of the military courts or that of the national courts. They refused to think that Allied courts could not be impartial. Their decision has been amply justified by the trials that have been held. The International MilitaryTribunals, held one at Nuremberg and the other at Tokyo, stand as convincing proofs that impartial justice can in this way be administered. Thishas also been shown by the military and the national courts which have held hundreds of trials, a selection from which is contained in these volumes.The presence of neutral judges has been shown to be not essential to maintain a high standard of impartiality and this was in fact fortunate under thecircumstances, because neutral judges were in fact not available. Nor had the accused any legal right to object to being tried by such courts; all the accused were entitled to was a fair trial and that they got. Also, as I have stated, the types of courts employed were those traditionally recognised by International Law as competent for war crime trials.
Author : The United Nations War Crimes Commission
Publisher : Unknown
Page : 172 pages
File Size : 41,5 Mb
Release : 2013-07-23
Category : Electronic
ISBN : 149107177X
This was intended to be the last Volume actually containing Law Reports, since the time is approaching when the Commission must finally wind up its operations. Under the circumstances, however, a difficulty has arisen in reference to an important trial, the last of the series of Subsequent Proceedings at Nuremberg, known as the Weizsaecker or Foreign Ministry case. It has been decided to deal with that case in Volume XV, which will be the final Volume of the series. It was originally intended that Volume XV should be devoted only to a general survey of all the cases reported in the series, but now room will be found for the Foreign Ministry case, if it can be reported before the end of March. If it is not then delivered the Commission will be compelled most regretfully to leave it out of these Reports.The cases which are reported in this present Volume, as in others, are of a diverse character and cover a very considerable area. The most important of these cases is that of Hans Albin Rauter before the Netherlands courts, which deals with a number of topics, but in particular has a very instructive discussion of the nature of reprisals. Its further consideration will be reserved until after the other cases reported here.
Author : The United Nations War Crimes Commission
Publisher : Unknown
Page : 136 pages
File Size : 40,9 Mb
Release : 2013-07-24
Category : Electronic
ISBN : 1491080434
These Reports have in the present production arrived at Volume XII. This volume will contain a Report of only one trial, which has been described as the High Command Trial; because it deals with the responsibility of high-ranking officers of the German army for War Crimes and Crimes against Humanity. The proceedings and evidence are very voluminous, as may be inferred from the fact that the length of the Judgment was 330 pages. The work of digesting the evidence has been performed by Mr. Aars Rynning, the Norwegian member of the Commission's staff. I am satisfied that the work has been admirably done. ·The Notes on the Case, which, together with the arrangement of those parts of the Judgment in which legal matters are discussed, are Mr. Brand's contribution to the present report, examine various questions on which the Judgment is of particular value. As Editor of these Reports he has also supplied the necessary cross-references and comparisons with earlier judgments of the same series, that is the series of the Subsequent Proceedings at Nuremberg, conducted under General Telford Taylor. In the Foreword to Volume VI, I included some general remarks on these proceedings which I do not desire to repeat. The judgment in the present case is of great interest and· importance. Though all these proceedings were held under Control Council Law No. 10 and Military Ordinance No.7, and thus are under a separate jurisdiction from that of the International Military Tribunal, which is conveniently referred to as LM.T., there is a substantial uniformity in the Basic Laws and Procedure, and the judgment in the present case is in substance based on the principles enumerated by the LM.T. But it does illustrate the development which has necessarily arisen by reason of the various complications of fact and of issues which were not present in the LM.T. trial. The Tribunal which decided the present case has been compelled to do much work 'of analysis and differentiation and has performed the task in such a way as to add greatly to the development of this branch of law. The same may indeed be said of all the other judgments in the Subsequent Proceedings. No student ofthis branch of the International Law of war can dispense with a careful study of these Subsequent Proceedings, which have carried the ideas of the LM.T. forward into problems of fact and law which were not present, and indeed could not have been present, to the minds of the earlier Tribunal. Perhaps I may here be permitted to express a humble tribute to the Judges who have left their homes in the United States and sojourned for many months in Nuremberg for the purpose of conducting these trials and performing the arduous task of preparing the judgments. Their efforts will be now and hereafter unanimously applauded.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 47,9 Mb
Release : 1947
Category : Electronic
ISBN : OCLC:1067933143
Author : Anonim
Publisher : Howard Fertig
Page : 150 pages
File Size : 41,9 Mb
Release : 1994
Category : Law
ISBN : UOM:39015037331819
Author : The United Nations War Crimes Commission
Publisher : Unknown
Page : 104 pages
File Size : 41,9 Mb
Release : 2013-07-26
Category : Electronic
ISBN : 1491082062
This Volume contains a number of important cases which illustrate the application of'the law of war crimes to different circumstances and acts. It also illustrates very usefully how the international law of war and war crimes is dealt with 'by military courts on the one hand, and by the national courts on the other. The results in either case ought to be substantially the same because the ultimate decision must depend. on rules of international law. In the national court the national criminal law primarily applies, but it is necessary to modify it in order to give effect to the appropriate rules of international law. To a large extent this rule is in favour of the accused men. Generally speaking, what they were found guilty of doing would be an obvious and simple crime according to the national law of peace in practically every civilized state. But the accused are entitled to rely on whatever defences they can extract from the international law of war. Thus, what would be murder in time of peace may be justified as done in accordance with the laws of war. If, however, on a closer examination it appears that the laws of war do not afford justification for what is primarily murder under the national law of peace, then the charge of murder remains unqualified and the defence fails. Itis for the reason that this important rule is illustrated by the cases in this volume, that I think they require a close study and attention. Many of the offences were committed against non-combatants in occupied territories so that they were crimes within the scope of the IVth Hague Convention of 1907. Where, however, the offences were committed not in occupied territory but in Germany, the victims had been brought into Germany from their own countries which were at the time under German occupation, and in that way the principle of the Hague Convention is satisfied even apart from the general scope given by the famous clause in the Preamble which makes reference to the laws of humanity. The very significant case concerning the Velpke Children's Home has special peculiarities ofits own, because the children who were barbarously dealt with were actually born in Germany, their mothers having been deported contrary to international law from an Allied country, namely Poland, while that country was occupied by the Nazis. The main topics dealt with in the Reports in this , olume can be usefully classified under three heads: deportation and slave labour; medical experiments on Allied prisoners of war and unwilling non-combatants; and causing death by criminal negligence of the children in the Velpke Children's Home case.
Author : The United Nations War Crimes Commission
Publisher : Unknown
Page : 104 pages
File Size : 44,8 Mb
Release : 2013-07-24
Category : Electronic
ISBN : 1491081899
This volume contains a very important judgment, namely that of the United States Military Tribunal at Nuremberg on the trial of General List and eleven others, known as. the Hostages Trial. There are also Reports of two trials held before British Courts,one of Generals von Mackensen and Maelzer, and the other of Field Marshal Kesselring. These three cases are closely allied in their subject matter because all three severally raised the problem whether the practice of killing hostages (or reprisal victims) is a war crime. It has until recently been so regarded. The practice was followed by thePrussians in the Franco-Prussian War, and by the Germans in the war of 1914-18. In both instances it was resorted to in a considerable number of cases, but in the war of 1939-45 it was followed on an unprecedented scale. It is obviously on the face of it an atrocious practice because it indiscriminately punishes men who are completely guiltless of any war crime. The practice as followed in World Wars I and II involves collective executions carried out on a great scale and almost as a routine operation. The numbers Of innocent non-combatants who have been killed in this way cannot be computed but they must· run into tens or hundreds of thousands. Lauterpacht well refers to the practice as a terrible practice. The question here has reference to the killing of. hostages, and it was submitted by the Prosecution in the trial of List that that was a war crime. The Prosecution further submitted that if hostages were taken they were entitled to at least the favourable treatment accorded to prisoners of war under the Geneva Conventions. The Tribunal, however, in the List case, has held that the killing of hostages was not in itself and in the abstract contrary to the International Law of war. It is true that the Tribunal imported a number of conditions but these conditions are not based on any recognised practice or any recognised rules, and if I may say so with respect, the defining of conditions of that character, if the legality of killing hostages were conceded, would be a matter of very great moment which would involve careful discussion on the expert evidence of military men, of diplomatists and of statesmen.
Author : The United Nations War Crimes Commission
Publisher : Unknown
Page : 104 pages
File Size : 49,7 Mb
Release : 2013-07-24
Category : Electronic
ISBN : 1491081775
The Reports contained in this Volume cover an extensive and diversified area. The main portion of these trials deals with crimes against property, which will also be more fully dealt with in the next volume of this series, and most of what I have to say on these questions I shall therefore reserve for the Foreword to Volume X.Crimes against property are sometimes almost indistinguishable from crimes against persons, as, for instance, in those cases where villages are destroyed and the inhabitants are turned adrift, perhaps in very inclement conditions of weather, and deprived of their homes. As notorious instances of such cases I may recall the destruction of Lidice and the murder of its inhabitants, and the similar case of Oradour-sur-Glane. The two aspects in these crimes, however, can be distinguished. Systematic pillaging and excessive contributions from a country which is being over-run or which is already occupied, also present this double aspect. These classes of war crimes form an important subject in the well-known Regulations attached to the Hague Convention No. IV of 1907 which are quoted in this volume. They are fully set out, and discussed up to a certain point, by Mr. Brand in this volume, and 'what he says there is supplemented and developed in Volume X, which comprises Reports on the I. G. Farben and Krupp trials held before United States Military Tribunals in Nuremberg.Volume IX, however, also illustrates further the important question of crimes against persons as illustrated by the offences in regard to the enslavement and deportation of civilians to slave labour, and the employment of prisoners of war in work having a direct connection with military operations. This question received treatment in Volume VII, in the notes to the Milch Trial. The spoliation of occupied territory· which was undoubtedly carried on to a great extent in World War II receives some illustration and discussion in this volume, but for a fuller discussion the reader is referred to Volume X.A feature of great interest in the present volume is the treatment of what may be called economic exploitation, and reference may in particular be made to the grounds on which Flick was held responsible in respect of the Rombach Plant. His responsibility was based upon his occupation and use of private property without the free consent of the rightful owner, irrespective of the use to which he put the property and the condition in which he left it.The Flick case also gives an excellent illustration of the scope of crimes against humanity, and the discussion in the Notes attached to the Judgment is of great value. It is particularly significant as indicating the limitations which have been introduced in connection with those crimes.
Author : The United Nations War Crimes Commission
Publisher : Unknown
Page : 192 pages
File Size : 46,8 Mb
Release : 2013-07-24
Category : Electronic
ISBN : 1491081473
This volume contains two very important trials which have been held under the" Subsequent Proceedings" at Nuremberg. One is the Krupp case, in which the defendants were the directors and managers of that worldfamous organisation, and the other concerns the great chemical combine, I.G. Farben. In both cases the operations of the respective concerns were not limited specifically to war production, but that did form a great part of their output and held a foremost rOle in the trials. Both cases involved the fundamental questions of the nature of crimes against peace and the nature of crimes of economic spoliation. Crimes against peace will be more fully examined and dealt with in Volumes XIII-XV of this series in which it will be sought to determine the essential character of these crimes as conceived in the international law of war. Crimes concerning property, however, have been more fully dealt with in the Note prepared by Mr. Brand, which appears on pages 159-66. He has sought to achieve in summary form an epitome of the main ideas which underlie this concept of war crimes, having regard to what happened in the last war. The summary is n·ot limited to the two reports in this volume, but covers cases in the earlier Volume IX in which this topic and its various ramifications were dealt with and explored.It is well known that the German war system depended essentially on exploitation by the Germans of tbe industrial resources and the production of the occupied countries. Closely associated with that was the use of what has been called slave labour, that is either the labour of deportees from occupied countries or the labour of the inhabitants themselves in those countries. Without the command and the ability to employ all . these enormous resources of material and manpower it is, I think, clear that the German war effort could not have been continued as it was. In the same way the Germans were to a large extent fed by the agricultural products taken from the occupied countries. In a sense this economic exploitation as a system may appear to have been something novel in the history of war, and it therefore has called for special treatment in these volumes which seek to explain the various trials which have been held in respect of that particular crime.
Author : Anonim
Publisher : Unknown
Page : 156 pages
File Size : 55,6 Mb
Release : 1947
Category : War crime trials
ISBN : OCLC:505118772
Author : United Nations War Crimes Commission
Publisher : Unknown
Page : 168 pages
File Size : 51,5 Mb
Release : 1992
Category : Law
ISBN : UOM:39015025216378