Peter Von Hagenbach
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Peter von Hagenbach (c. 1420 – May 9, 1474), also Pierre de Hagenbach, Pietro di Hagenbach, Pierre d'Archambaud, or Pierre d'Aquenbacq, was a Burgundian knight from
Alsace Alsace (, ; ; Low Alemannic German/ gsw-FR, Elsàss ; german: Elsass ; la, Alsatia) is a cultural region and a territorial collectivity in eastern France, on the west bank of the upper Rhine next to Germany and Switzerland. In 2020, it had ...
,
German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ger ...
military and civil commander and convicted war criminal.


Biography

He was born into an Alsatian-Burgundian family, originally from
Hagenbach Hagenbach () is a town in the district of Germersheim, in Rhineland-Palatinate, Germany. It is situated near the border with France, on the left bank of the Rhine, approx. 10 km west of Karlsruhe. Hagenbach is the seat of the ''Verbandsgem ...
and owned a castle there. He was instated as bailiff of Upper Alsace by
Charles the Bold Charles I (Charles Martin; german: Karl Martin; nl, Karel Maarten; 10 November 1433 – 5 January 1477), nicknamed the Bold (German: ''der Kühne''; Dutch: ''de Stoute''; french: le Téméraire), was Duke of Burgundy from 1467 to 1477. ...
,
Duke of Burgundy Duke of Burgundy (french: duc de Bourgogne) was a title used by the rulers of the Duchy of Burgundy, from its establishment in 843 to its annexation by France in 1477, and later by Holy Roman Emperors and Kings of Spain from the House of Habsburg ...
, to administer the territories and rights on the
Upper Rhine The Upper Rhine (german: Oberrhein ; french: Rhin Supérieur) is the section of the Rhine between Basel in Switzerland and Bingen in Germany, surrounded by the Upper Rhine Plain. The river is marked by Rhine-kilometres 170 to 529 (the sc ...
which had been mortgaged by Duke Sigmund of Further Austria for 50,000
florins The Florentine florin was a gold coin struck from 1252 to 1533 with no significant change in its design or metal content standard during that time. It had 54 grains (3.499 grams, 0.113 troy ounce) of nominally pure or 'fine' gold with a purcha ...
in the Treaty of St. Omer in 1469. There he coined the term ''
Landsknecht The (singular: , ), also rendered as Landsknechts or Lansquenets, were Germanic mercenaries used in pike and shot formations during the early modern period. Consisting predominantly of pikemen and supporting foot soldiers, their front line wa ...
''—from
German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ger ...
, ''Land'' ("land, country") + ''Knecht'' ("servant"). It was originally intended to indicate soldiers of the
lowlands Upland and lowland are conditional descriptions of a plain based on elevation above sea level. In studies of the ecology of freshwater rivers, habitats are classified as upland or lowland. Definitions Upland and lowland are portions of p ...
of the
Holy Roman Empire The Holy Roman Empire was a Polity, political entity in Western Europe, Western, Central Europe, Central, and Southern Europe that developed during the Early Middle Ages and continued until its Dissolution of the Holy Roman Empire, dissolution i ...
as opposed to the
Swiss mercenaries The Swiss mercenaries (german: Reisläufer) were a powerful infantry force constituted by professional soldiers originating from the cantons of the Old Swiss Confederacy. They were notable for their service in foreign armies, especially among th ...
. As early as 1500 the misleading spelling "''Lanzknecht''" became common because of the phonetic and visual similarity between ''Land''(''e'')''s'' ("of the land/territory") and ''Lanze'' ("
lance A lance is a spear designed to be used by a mounted warrior or cavalry soldier ( lancer). In ancient and medieval warfare, it evolved into the leading weapon in cavalry charges, and was unsuited for throwing or for repeated thrusting, unlike si ...
"). Following a
rebellion Rebellion, uprising, or insurrection is a refusal of obedience or order. It refers to the open resistance against the orders of an established authority. A rebellion originates from a sentiment of indignation and disapproval of a situation and ...
by towns of the Upper Rhine against his tyranny, Hagenbach was put on trial for the atrocities committed during the occupation of
Breisach Breisach (formerly Altbreisach; Low Alemannic: ''Alt-Brisach'') is a town with approximately 16,500 inhabitants, situated along the Rhine in the Rhine Valley, in the district Breisgau-Hochschwarzwald, Baden-Württemberg, Germany, about halfway b ...
, found guilty of war crimes, and
beheaded Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the ...
An Introduction to the International Criminal Court
William A. Schabas,
Cambridge University Press Cambridge University Press is the university press of the University of Cambridge. Granted letters patent by Henry VIII of England, King Henry VIII in 1534, it is the oldest university press A university press is an academic publishing hou ...
, Third Edition
at Breisach. His trial, which was held by an
ad hoc Ad hoc is a Latin phrase meaning literally 'to this'. In English, it typically signifies a solution for a specific purpose, problem, or task rather than a generalized solution adaptable to collateral instances. (Compare with ''a priori''.) Com ...
tribunal of the
Holy Roman Empire The Holy Roman Empire was a Polity, political entity in Western Europe, Western, Central Europe, Central, and Southern Europe that developed during the Early Middle Ages and continued until its Dissolution of the Holy Roman Empire, dissolution i ...
in 1474 was the first “international” recognition of commanders’ obligations to act lawfully.The evolution of individual criminal responsibility under international law
By Edoardo Greppi, Associate Professor of International Law at the
University of Turin The University of Turin (Italian: ''Università degli Studi di Torino'', UNITO) is a public research university in the city of Turin, in the Piedmont region of Italy. It is one of the oldest universities in Europe and continues to play an impo ...
, Italy,
International Committee of the Red Cross The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ...
No. 835, p. 531–553, October 30, 1999.
Exhibit highlights the first international war crimes tribunal
by Linda Grant, ''Harvard Law Bulletin''.
He was convicted of crimes, specifically murder, rape and perjury, among other crimes, that "he as a knight was deemed to have a duty to prevent." He defended himself by arguing that he was only following orders from the
Duke of Burgundy Duke of Burgundy (french: duc de Bourgogne) was a title used by the rulers of the Duchy of Burgundy, from its establishment in 843 to its annexation by France in 1477, and later by Holy Roman Emperors and Kings of Spain from the House of Habsburg ...
, to whom the Holy Roman Empire had given Breisach.The Perennial Conflict Between International Criminal Justice and Realpolitik
February 10, 2006 Draft by M. Cherif Bassiouni -Distinguished Research Professor of Law and President, International Human Rights Law Institute,
DePaul University College of Law The DePaul University College of Law is the professional graduate law school of DePaul University in Chicago. The College of Law’s facilities encompass nine floors across two buildings, with features such as the Vincent G. Rinn Law Library and ...
, To be Presented March 14, 2006 as the 38th Henry J. Miller Distinguished Lecture,
Georgia State University College of Law The Georgia State University College of Law is a law school located in downtown Atlanta, Georgia. Founded in 1982, it is accredited by the American Bar Association and is a member of the Association of American Law Schools. In addition to the J ...
, and to appear in the
Georgia State University Law Review The ''Georgia State University Law Review'' is a law review edited and published by students at Georgia State University College of Law The Georgia State University College of Law is a law school located in downtown Atlanta, Georgia. Founded in ...
Although there was no explicit use of a doctrine of
command responsibility Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes.
, it is seen as the first trial based on that principle.Command Responsibility
The Mens Rea Requirement, By Eugenia Levine,
Global Policy Forum The Global Policy Forum (GPF) is an international non-governmental organization founded in December 1993 and based in New York and Bonn (Global Policy Forum Europe). The aim of the Global Policy Forum is to critically accompany and analyze develo ...
, February 2005
It also includes the earliest documented prosecution of gender-based/targeted crimes before an international tribunal when he was convicted for rapes committed by his troops.Luping, Diane. 2009. “Investigation and Prosecution of Sexual and Gender-Based Crimes before the International Criminal Court.” Journal of Gender, Social Policy & the Law. 17(2): 431–492.


See also

*
Burgundian Wars The Burgundian Wars (1474–1477) were a conflict between the Burgundian State and the Old Swiss Confederacy and its allies. Open war broke out in 1474, and the Duke of Burgundy, Charles the Bold, was defeated three times on the battlefield in th ...


References


External links


Swiss-Burgundian War 1474–1477
{{DEFAULTSORT:Hagenbach, Peter Von 1420s births 1474 deaths People from Haut-Rhin 15th-century German people German people convicted of war crimes German mass murderers People executed in the Holy Roman Empire by decapitation People executed for war crimes Executed mass murderers