Nuremberg Trials Newsreel Account

tradition “The idea that a warrior owes a duty not just to his nation, or his army, but also to his common humanity is a concept as old as civilization itself is.” - Wikipedia The Nazi’s defiled this tradition. “Who, after all, speaks today of the annihilation of the Armenians?” Adolf Hitler Aug. 22, 1939

How to deal with nazis??? Usually, international wars end conditionally and the treatment of suspected war criminals makes up part of the peace treaty. Here, surrender unconditional. In most cases those who are not prisoners of war are tried under their own judicial system if they are suspected of committing war crimes

Trial set up issues Four primary victors had to agree Every nation had its own criminal statutes and its own views as to how the trials should proceed. Not all have 5th Amendment rights Not all have right to jury Not all provide for defense lawyers (adversarial) Not all judge-centered inquisitive system

Courtroom before

Crimes Against Humanity Conspiracy Possible Crimes Crimes Against Peace War Crimes Crimes Against Humanity Conspiracy

Crimes Against Peace “namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a Common Plan or Conspiracy for the accomplishment of any of the foregoing”

War crimes “namely, violations of the laws or customs of war.  Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity”

Crimes against humanity “namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war,14 or persecutions on political, racial, or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of domestic law of the country where perpetrated”

Problems Justice of the Victors Ex Post Facto war crimes tribunal tried and punished personnel only from Axis countries Victors calling all the shots Ex Post Facto No codified code of international law No notice violating law Informed of law after actions (too late)

International Criminal Court Created July 1, 2002 Can only prosecute crimes after that date By treaty Only applies to those who agree to its authority Sets out laws Official seat is The Hague in Netherlands

International law Crimes within jurisdiction Genocide Must be committed with “intent to destroy” Crimes against humanity Particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings War crimes Serious violation of laws applicable to armed conflict giving rise to individual criminal responsibility Crime of aggression Not defined until 2010, can’t prosecute until 2017

Assignment What happened? Was a crime committed? If yes, what crime? Cambodia China Cuba Chile El Salvador Argentina Soviet Union Armenia Balkans Rwanda Darfur South Africa What happened? Was a crime committed? If yes, what crime? May be more than one If yes, who responsible? What evidence supports your charge?

What really happened Chile National Commission of Truth and Reconciliation set up in ~ 1989 by new pres. USSR (1929-1953) No action taken Rwanda International Criminal Tribunal for Rwanda set up in 1994 by UN Security Council

Cont. El Salvador Commission on the Truth for El Salvador set up in 1992 by UN-brokered peace accord Armenia (1914-1918) No action taken Darfur 4 ongoing cases before the ICC started in 2005

Cont. Argentina South Africa Balkans National Commission on the Disappearance of Persons set up in 1983 by new pres. Court procedures using est. judiciary of country South Africa Truth and Reconciliation Commission set up in 1995 by new government Balkans International Criminal Tribunal for the former Yugoslavia set up in 1993 by UN South African commission offers reward of amnesty after full disclosure of past crimes