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Tu Quoque Defense
The ''tu quoque'' defense () asserts that the authority trying a defendant has committed the same crimes of which they are accused. It is related to the legal principle of clean hands, reprisal, and "an eye for an eye". The ''tu quoque'' defense does not exist in international criminal law and has never been accepted by an international court. ''Tu quoque'' was invoked during the Nuremberg trials. In the trial of Nazi war criminal Klaus Barbie, the controversial lawyer Jacques Vergès argued that during the Algerian War, French officers such as General Jacques Massu had committed war crimes similar to those with which Barbie was being charged, and therefore the French state had no moral right to try Barbie. This defence was rejected by the court, which convicted Barbie. See also *Superior orders *Tu quoque *Victor's justice References {{reflist International criminal law Criminal defenses ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clean Hands
Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands". The defendant has the burden of proof to show the plaintiff is not acting in good faith. The doctrine is often stated as "those seeking equity must do equity" or "equity must come with clean hands". This is a matter of protocol, characterised by A. P. Herbert in ''Uncommon Law'' by his fictional Judge Mildew saying (as Herbert says, "less elegantly"), "A dirty dog will not have justice by the court". A defendant's unclean hands can also be claimed and proven by the plaintiff to claim other equitable remedies and to prevent that defendant from asserting equitable affirmative defenses. In other words, 'unclean h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reprisal
A reprisal is a limited and deliberate violation of international law to punish another sovereign state that has already broken them. Since the 1977 Additional Protocol I to the Geneva Conventions (AP 1), reprisals in the laws of war are extremely limited, as they commonly breach the rights of non-combatants. Etymology The word came from French, where it originally meant "act of taking back", for example, raiding back the equivalent of cattle lost to an enemy raid. International law Reprisals refer to acts which are illegal if taken alone, but become legal when adopted by one state in retaliation for the commission of an earlier illegal act by another state. Counter-reprisals are generally not allowed. World War I 1914 Portugal-Germany dispute An example of reprisal is the Naulila dispute between Portugal and Germany in October 1914, when they were on opposite sides of the World War I chasm. After three Germans were mistakenly killed in Naulila on the border of the then-Portugue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
An Eye For An Eye
"An eye for an eye" ( hbo, עַיִן תַּחַת עַיִן, ) is a commandment found in the Book of Exodus 21:23–27 expressing the principle of reciprocal justice measure for measure. The principle exists also in Babylonian law. In Roman civilization, the law of retaliation ( la, lex talionis) bears the same principle that a person who has injured another person is to be penalized to a similar degree by the injured party. In softer interpretations, it means the victim receives the [estimated] value of the injury in compensation. The intent behind the principle was to ''restrict'' compensation to the value of the loss. Definition and methods The term ''lex talionis'' does not always and only refer to literal eye-for-an-eye codes of justice (see rather mirror punishment) but applies to the broader class of legal systems that specifically formulate penalties for specific crimes, which are thought to be fitting in their severity. Some propose that this was at least in part int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Criminal Law
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression. Classical international law governs the relationships, rights, and responsibilities of states. After World War II, the Charter of the International Military Tribunal and the following Nuremberg trial revolutionized international law by applying its prohibitions directly to individuals, in this case the defeated leaders of Nazi Germany, thus inventing international criminal law. After being dormant for decades, international criminal law was revived in the 1990s to address the war crimes in the Yugoslav Wars and the Rwandan genocide, leading to the establishment of a permanent International Criminal Court in 2001. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nuremberg Trials
The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded many countries across Europe, inflicting 27 million deaths in the Soviet Union alone. Proposals for how to punish the defeated Nazi leaders ranged from a show trial (the Soviet Union) to summary executions (the United Kingdom). In mid-1945, France, the Soviet Union, the United Kingdom, and the United States agreed to convene a joint tribunal in Nuremberg, with the Nuremberg Charter as its legal instrument. Between 20 November 1945 and 1 October 1946, the International Military Tribunal (IMT) tried 21 of the most important surviving leaders of Nazi Germany in the political, military, and economic spheres, as well as six German organizations. The purpose of the trial was not just to convict the defendants but also to as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Klaus Barbie
Nikolaus "Klaus" Barbie (25 October 1913 – 25 September 1991) was a German operative of the SS and SD who worked in Vichy France during World War II. He became known as the "Butcher of Lyon" for having personally tortured prisoners—primarily Jews and members of the French Resistance—as the head of the Gestapo in Lyon. After the war, United States intelligence services, which employed him for his anti-communist efforts, aided his escape to Bolivia, where he advised the regime on how to repress opposition through torture. The United States later offered France a formal apology for aiding Barbie's escape from an outstanding arrest warrant. In Bolivia, West German Intelligence Service recruited him. Barbie is suspected of having had a role in the Bolivian coup d'état orchestrated by Luis García Meza in 1980. After the fall of the dictatorship, Barbie no longer had the protection of the government in La Paz. In 1983, he was extradited to France, where he was convicted of c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jacques Vergès
Jacques Vergès (5 March 1925 – 15 August 2013) was a Siamese-born French lawyer and anti-colonial activist. Vergès began as a fighter in the French Resistance during World War II, under Charles de Gaulle's Free French forces. After becoming a lawyer, he became well known for his defense of FLN militants during the Algerian War of Independence. He was later involved in a number of controversial and high-profile legal cases, with a series of defendants charged with terrorism, serial murder, crimes against humanity, and war crimes. This includes Nazi officer Klaus Barbie "the Butcher of Lyon" in 1987, terrorist Carlos the Jackal in 1994, and former Khmer Rouge head of state Khieu Samphan in 2008. He also defended infamous Holocaust denier Roger Garaudy in 1998 as well as members of the Baader-Meinhof gang. As a result of taking on such clients, he garnered criticism from members of the public, including intellectuals Bernard-Henri Lévy and Alain Finkielkraut, political-activist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Algerian War
The Algerian War, also known as the Algerian Revolution or the Algerian War of Independence,( ar, الثورة الجزائرية '; '' ber, Tagrawla Tadzayrit''; french: Guerre d'Algérie or ') and sometimes in Algeria as the War of 1 November, was fought between France and the Algerian National Liberation Front (french: Front de Libération Nationale – FLN) from 1954 to 1962, which led to Algeria winning its independence from France. An important decolonization war, it was a complex conflict characterized by guerrilla warfare and war crimes. The conflict also became a civil war between the different communities and within the communities. The war took place mainly on the territory of Algeria, with repercussions in metropolitan France. Effectively started by members of the National Liberation Front (FLN) on 1 November 1954, during the ("Red All Saints' Day"), the conflict led to serious political crises in France, causing the fall of the Fourth Republic (1946–58), to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jacques Massu
Jacques Émile Massu (; 5 May 1908 – 26 October 2002) was a French general who fought in World War II, the First Indochina War, the Algerian War and the Suez crisis. He led French troops in the Battle of Algiers, first supporting and later denouncing their use of torture. Early life Jacques Massu was born in Châlons-sur-Marne to a family of military officers; his father was an artillery officer. He studied successively at Saint-Louis de Gonzague in Paris, the Free College of Gien (1919–1925) and Prytanée National Militaire (1926–1928). He then entered Saint-Cyr and graduated in 1930 as a second lieutenant in the promotion class "Marshal Foch" and chose the Colonial Infantry. Between October, 1930 and August, 1931, he served in the 16th Senegalese Tirailleur Regiment (16th RTS) in Cahors. He was sent to Morocco with the 5th RTS and took part in the fighting around Tafilalt where he earned his first citation. He was promoted to lieutenant in October 1932 and took part ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Historical Reflections
''Historical Reflections'' (fr: ''Réflexions Historiques'') is a peer-reviewed academic journal of history published by Berghahn Books. Established in 1974, the journal publishes articles in both English and French. ''HR/RH'' promotes interdisciplinary and comparative scholarship, including historical approaches to the intersection of art, literature, and the social sciences, as well as mentalities and intellectual and religious movements. The editor-in-chief is independent scholar Elisabeth Macknight. The co-editor is Brian Newsome of Georgia College & State University. The journal was published by the University of Waterloo from 1974 until 1989, then by Alfred University's Division of Human Studies until 2008, when it became a joint publication of Alfred University and Berghahn Books Berghahn Books is a New York and Oxford-based publisher of scholarly books and academic journals in the humanities and social sciences, with a special focus on social & cultural anthropology, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Superior Orders
Superior orders, also known as the Nuremberg defense or just following orders, is a plea in a court of law that a person, whether a member of the military, law enforcement, a firefighting force, or the civilian population, should not be considered guilty of committing actions that were ordered by a superior officer or official. The superior orders plea is often regarded as the complement to command responsibility. One of the most noted uses of this plea, or defense, was by the accused in the 1945–1946 Nuremberg trials, such that it is also called the "Nuremberg defense". The Nuremberg trials were a series of military tribunals, held by the main victorious Allies after World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany. These trials, under the London Charter of the International Military Tribunal that established them, determined that the defense of superior orders was no long ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tu Quoque
(; Latin , for "you also") is a discussion technique that intends to discredit the opponent's argument by attacking the opponent's own personal behavior and actions as being inconsistent with their argument, therefore accusing hypocrisy. This specious reasoning is a special type of attack. The cites John Cooke's 1614 stage play as the earliest use of the term in the English language. "Whataboutism" is one particularly well known modern instance of this technique. Form and explanation The (fallacious) argument follows the template (i.e. pattern): # Person A claims that statement is true. # Person B asserts that A's actions or past claims are inconsistent with the truth of claim . # Therefore, is false. As a specific example, consider the following scenario where Person A and Person B just left a store. #Person A: "You took that item without paying for it. What you did is morally wrong!" #*Here, is the statement: "Stealing from a store is morally wrong." Person A is ass ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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