A
war crimes trial is the trial of persons charged with criminal violation of the
laws and customs of war
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territor ...
and related principles of
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
committed during
armed conflict
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular ...
.
History
The trial of
Peter von Hagenbach
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, German military and civil commander and convicted war criminal.
Biogr ...
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" war crimes trials and also of
command responsibility
Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes. .
Hagenbach was put on trial for 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, and beheaded.
[An Introduction to the International Criminal Court](_blank)
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 Since he was convicted for crimes, "he as a knight was deemed to have a duty to prevent", although Hagenbach 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 ...
,
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.
...
, to whom the Holy Roman Empire had given Breisach.
19th Century
In 1865,
Henry Wirz
Henry Wirz (born Hartmann Heinrich Wirz, November 25, 1823 – November 10, 1865) was a Swiss-American officer of the Confederate States Army during the American Civil War. He was the commandant of the stockade of Camp Sumter, a Confederate pr ...
, a Confederate officer, was held accountable and hanged for appalling conditions at
Andersonville Prison where many Union soldiers died during the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
.
During the
Second Boer War
The Second Boer War ( af, Tweede Vryheidsoorlog, , 11 October 189931 May 1902), also known as the Boer War, the Anglo–Boer War, or the South African War, was a conflict fought between the British Empire and the two Boer Republics (the Sout ...
, the
British Army
The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gurk ...
court-martialed
Breaker Morant
Harry "The Breaker" Harbord Morant (born Edwin Henry Murrant, 9 December 1864 – 27 February 1902), more popularly known as Breaker Morant, was an Anglo-Australian drover, horseman, bush poet, military officer, and war criminal who was co ...
,
Peter Handcock
Peter Joseph Handcock (17 February 1868 – 27 February 1902) was an Australian-born Veterinary Lieutenant and convicted war criminal who served in the Bushveldt Carbineers during the Boer War in South Africa.
After a court martial, Handcock ( ...
,
Alfred Taylor, and several other officers for multiple murders of
POWs
A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold prisoners of war ...
and many civilian noncombatants in the
Northern Transvaal
Northern may refer to the following:
Geography
* North, a point in direction
* Northern Europe, the northern part or region of Europe
* Northern Highland, a region of Wisconsin, United States
* Northern Province, Sri Lanka
* Northern Range, a r ...
(see
Court-martial of Breaker Morant
The 1902 court-martial of Breaker Morant was a war crimes prosecution that brought to trial six officersLieutenants Harry "Breaker" Morant, Peter Handcock, George Witton, Henry Picton, Captain Alfred Taylor and Major Robert Lenehanof the Bu ...
).
20th Century
Trials of World War I crimes
After
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, a small number of German personnel were tried by a German court in the
Leipzig War Crimes Trials for crimes allegedly committed during that war.
Article 227 of the
Treaty of Versailles
The Treaty of Versailles (french: Traité de Versailles; german: Versailler Vertrag, ) was the most important of the peace treaties of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June ...
, the peace treaty between
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
and the Allied Powers after the
First World War
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, "publicly arraign
d William II of Hohenzollern, formerly German Emperor, for a supreme offence against international morality and the sanctity of treaties." The former Kaiser had escaped to the Netherlands, however, and despite demands for his extradition having been made, the Dutch refused to surrender him, and he was not brought to trial. Germany, as a signatory to the treaty, thus was placed on notice as to what might occur in the event of a subsequent war.
Trials of World War II crimes
![Ryti sotasyyllisyysoikeudenkäynnissä](https://upload.wikimedia.org/wikipedia/commons/7/7c/Ryti_sotasyyllisyysoikeudenk%C3%A4ynniss%C3%A4.jpg)
After
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, the phrase referred usually to the trials of
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 ...
and
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
ese leaders in courts established by the victorious
Allied
An alliance is a relationship among people, groups, or states that have joined together for mutual benefit or to achieve some common purpose, whether or not explicit agreement has been worked out among them. Members of an alliance are called ...
nations.
The former trials were held in
Nuremberg
Nuremberg ( ; german: link=no, Nürnberg ; in the local East Franconian dialect: ''Nämberch'' ) is the second-largest city of the German state of Bavaria after its capital Munich, and its 518,370 (2019) inhabitants make it the 14th-largest ...
, Germany, under the authority of two legal instruments. One, the
London Charter
The Charter of the International Military Tribunal – Annex to the Agreement for the prosecution and punishment of the major war criminals of the European Axis (usually referred to as the Nuremberg Charter or London Charter) was the decree issue ...
was signed by representatives of the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
,
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
,
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, and the
Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
in
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
on August 8, 1945; the other, Law No. 10, was promulgated by the
Allied Control Council
The Allied Control Council or Allied Control Authority (german: Alliierter Kontrollrat) and also referred to as the Four Powers (), was the governing body of the Allied Occupation Zones in Germany and Allied-occupied Austria after the end of Wo ...
in
Berlin
Berlin ( , ) is the capital and largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's most populous city, according to population within city limits. One of Germany's sixteen constitue ...
on December 20, 1945.
The London Charter provided for the establishment of the
International Military Tribunal
International is an adjective (also used as a noun) meaning "between nations".
International may also refer to:
Music Albums
* ''International'' (Kevin Michael album), 2011
* ''International'' (New Order album), 2002
* ''International'' (The T ...
, composed of one
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
and one alternate judge from each of the signatory nations, to try
war criminals. Under the London Charter, the
crimes
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
charged against
defendants
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
fell into three categories:
crimes against peace
A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an ...
(crimes involving the planning, initiating, and
waging a war of aggression);
war crimes (violations of the laws and customs of war as embodied in the
Hague Conventions and generally recognized by
military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
forces of civilized nations); and
crimes against humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
, such as the
extermination
Extermination or exterminate may refer to:
* Pest control, elimination of insects or vermin
* Genocide, extermination—in whole or in part—of an ethnic, racial, religious, or national group
* Homicide or murder in general
* "Exterminate!", t ...
of
racial
A race is a categorization of humans based on shared physical or social qualities into groups generally viewed as distinct within a given society. The term came into common usage during the 1500s, when it was used to refer to groups of variou ...
,
ethnic
An ethnic group or an ethnicity is a grouping of people who identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancestry, language, history, ...
, and
religious
Religion is usually defined as a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, worldviews, religious text, texts, sacred site, sanctified places, prophecy, prophecie ...
groups and other such atrocities against
civilians
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, b ...
.
On October 8, 1945,
Anton Dostler was the first
German general to be tried for war crimes by a U.S.
military tribunal
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodie ...
at the
Palace Of Justice in
Rome
, established_title = Founded
, established_date = 753 BC
, founder = King Romulus (legendary)
, image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg
, map_caption ...
. He was accused of ordering the killing of 15 captured U.S. soldiers of
Operation Ginny II in Italy in March 1944. He admitted ordering the execution, but stated that he could not be held responsible, as he had just been
following orders from his superiors. The execution of 15 U.S.
prisoners of war
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold priso ...
in Italy ordered by Dostler was an implementation of
Hitler
Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Germany from 1933 until his death in 1945. He rose to power as the leader of the Nazi Party, becoming the chancellor in 1933 and then ...
's
Commando Order
The Commando Order () was issued by the OKW, the high command of the German armed forces, on 18 October 1942. This order stated that all Allies of World War II, Allied commandos captured in Europe and Africa should be summary execution, summarily ...
of 1942 which required the immediate execution of all
Allied
An alliance is a relationship among people, groups, or states that have joined together for mutual benefit or to achieve some common purpose, whether or not explicit agreement has been worked out among them. Members of an alliance are called ...
commandos
Royal Marines from 40 Commando on patrol in the Sangin">40_Commando.html" ;"title="Royal Marines from 40 Commando">Royal Marines from 40 Commando on patrol in the Sangin area of Afghanistan are pictured
A commando is a combatant, or operativ ...
, whether in proper uniforms or not, without trial if apprehended by German forces. The tribunal rejected the defense of Superior Orders and found Dostler guilty of war crimes. He was sentenced to death and
executed by a firing squad on December 1, 1945, in
Aversa
Aversa () is a city and ''comune'' in the Province of Caserta in Campania, southern Italy, about 24 km north of Naples. It is the centre of an agricultural district, the ''Agro Aversano'', producing wine and cheese (famous for the typical bu ...
.
The Dostler case became precedent for the Nuremberg trials of German generals, officials, and Nazi leaders, beginning in November 1945, that the use of Superior orders as a defense did not relieve officers from responsibility of carrying out illegal orders or the liability of being punished in court. This principle was codified in
Principle IV of the
Nuremberg Principles and similar principles were found in sections of the
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
.
The
trials
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
for the Japanese war criminals were established in
Tokyo
Tokyo (; ja, 東京, , ), officially the Tokyo Metropolis ( ja, 東京都, label=none, ), is the capital and largest city of Japan. Formerly known as Edo, its metropolitan area () is the most populous in the world, with an estimated 37.468 ...
, Japan, to implement the
Cairo Declaration, the
Potsdam Declaration
The Potsdam Declaration, or the Proclamation Defining Terms for Japanese Surrender, was a statement that called for the surrender of all Japanese armed forces during World War II. On July 26, 1945, United States President Harry S. Truman, Uni ...
, the
Instrument of Surrender, and the
Moscow Conference. The Potsdam Declaration (July 1945) had stated, "stern justice shall be meted out to all war criminals, including those who have visited cruelties upon our prisoners," though it did not specifically foreshadow trials. The terms of reference for the Tribunal were set out in the IMTFE Charter, issued on January 19, 1946.
There was major disagreement, both among the Allies and within their administrations, about whom to try and how to try them. Despite the lack of consensus, General
Douglas MacArthur
Douglas MacArthur (26 January 18805 April 1964) was an American military leader who served as General of the Army for the United States, as well as a field marshal to the Philippine Army. He had served with distinction in World War I, was C ...
, the
Supreme Commander of the Allied Powers
was the title held by General Douglas MacArthur during the United States-led Allied occupation of Japan following World War II. It issued SCAP Directives (alias SCAPIN, SCAP Index Number) to the Japanese government, aiming to suppress its "milita ...
, decided to initiate arrests. On September 11, a week after the surrender, he ordered the arrest of 39 suspects — most of them members of Prime Minister
Hideki Tojo
Hideki Tojo (, ', December 30, 1884 – December 23, 1948) was a Japanese politician, general of the Imperial Japanese Army (IJA), and convicted war criminal who served as prime minister of Japan and president of the Imperial Rule Assistan ...
's war cabinet. Tojo tried to commit suicide, but was resuscitated with the help of U.S. doctors. He was later found guilty among others, and hanged.
Nuremberg trials
On October 18, 1945, the chief
prosecutors
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
lodged an
indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
with the
tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.
For example, an advocate who appears before a court with a single ...
charging 24 individuals with a variety of crimes and atrocities, including the deliberate instigation of aggressive wars, extermination of racial and religious groups,
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
and
mistreatment
Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
of
prisoners of war
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold priso ...
, and the
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
,
mistreatment
Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
, and
deportation
Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...
of hundreds of thousands of inhabitants of
countries
A country is a distinct part of the world, such as a state (polity), state, nation, or other polity, political entity. It may be a sovereign state or make up one part of a larger state. For example, the country of Japan is an independent, so ...
occupied by Germany during the war.
Among the accused were the
Nationalist Socialist leaders
Hermann Göring
Hermann Wilhelm Göring (or Goering; ; 12 January 1893 – 15 October 1946) was a German politician, military leader and convicted war criminal. He was one of the most powerful figures in the Nazi Party, which ruled Germany from 1933 to 1 ...
and
Rudolf Hess
Rudolf Walter Richard Hess (Heß in German; 26 April 1894 – 17 August 1987) was a German politician and a leading member of the Nazi Party in Nazi Germany. Appointed Deputy Führer to Adolf Hitler in 1933, Hess held that position unt ...
, the
diplomat
A diplomat (from grc, δίπλωμα; romanized ''diploma'') is a person appointed by a state or an intergovernmental institution such as the United Nations or the European Union to conduct diplomacy with one or more other states or internati ...
Joachim von Ribbentrop
Ulrich Friedrich Wilhelm Joachim von Ribbentrop (; 30 April 1893 – 16 October 1946) was a German politician and diplomat who served as Minister of Foreign Affairs of Nazi Germany from 1938 to 1945.
Ribbentrop first came to Adolf Hitler's not ...
, the
munitions maker Gustav Krupp von Bohlen und Halbach
Gustav Georg Friedrich Maria Krupp von Bohlen und Halbach (born Gustav von Bohlen und Halbach; 7 August 1870 – 16 January 1950) was a German foreign service official who became chairman of the board of Friedrich Krupp AG, a heavy industry con ...
,
Marshal
Marshal is a term used in several official titles in various branches of society. As marshals became trusted members of the courts of Medieval Europe, the title grew in reputation. During the last few centuries, it has been used for elevated o ...
Wilhelm Keitel
Wilhelm Bodewin Johann Gustav Keitel (; 22 September 188216 October 1946) was a German field marshal and war criminal who held office as chief of the '' Oberkommando der Wehrmacht'' (OKW), the high command of Nazi Germany's Armed Forces, duri ...
, Grand
Admiral
Admiral is one of the highest ranks in some navies. In the Commonwealth nations and the United States, a "full" admiral is equivalent to a "full" general in the army or the air force, and is above vice admiral and below admiral of the fleet, ...
Erich Raeder
Erich Johann Albert Raeder (24 April 1876 – 6 November 1960) was a German admiral who played a major role in the naval history of World War II. Raeder attained the highest possible naval rank, that of grand admiral, in 1939, becoming the fir ...
and 18 other
military leaders and civilian
officials
An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their ...
. Seven organizations that formed part of the basic structure of the Nazi government were also charged as
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
. These organizations included the SS (, 'Defense Corps'), the
Gestapo
The (), abbreviated Gestapo (; ), was the official secret police of Nazi Germany and in German-occupied Europe.
The force was created by Hermann Göring in 1933 by combining the various political police agencies of Prussia into one organi ...
(, 'Secret State Police'), and the SA (, 'Storm Troops'), as well as the
General Staff
A military staff or general staff (also referred to as army staff, navy staff, or air staff within the individual services) is a group of officers, enlisted and civilian staff who serve the commander of a division or other large military un ...
and High Command of the German
armed forces
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
.
The trial began on November 20, 1945. Much of the
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
submitted by the
prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
consisted of original military,
diplomatic, and other government documents that fell into the hands of the
Allied forces after the collapse of the German government.
The judgment of the International Military Tribunal was handed down on September 30 and October 1, 1946. Among notable features of the decision was the conclusion, in accordance with the London Agreement, that to plan or instigate an aggressive war is a crime under the principles of international law. The tribunal rejected the contention of the
defense
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense industr ...
that such acts had not previously been defined as crimes under international law and that therefore the condemnation of the
defendants
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
would violate the principle of
justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
prohibiting
ex post facto punishments
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...
. As with the Dostler case, it also rejected the contention of a number of the defendants that they were not legally responsible for their acts because they performed the acts under the orders of superior authority, stating that "the true test . . . is not the existence of the order but whether moral choice (in executing it) was in fact possible."
With respect to war crimes and crimes against humanity, the tribunal found overwhelming evidence of a systematic rule of
violence
Violence is the use of physical force so as to injure, abuse, damage, or destroy. Other definitions are also used, such as the World Health Organization's definition of violence as "the intentional use of physical force or Power (social and p ...
, brutality, and
terrorism
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
by the German government in the
territories
A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal.
In international politics, a territory is usually either the total area from which a state may extract power resources or an ...
occupied by its forces. Millions of persons were murdered in
Nazi concentration camps
From 1933 to 1945, Nazi Germany operated more than a thousand concentration camps, (officially) or (more commonly). The Nazi concentration camps are distinguished from other types of Nazi camps such as forced-labor camps, as well as concen ...
, many of which were equipped with
gas chambers
A gas chamber is an apparatus for killing humans or other animals with gas, consisting of a sealed chamber into which a poisonous or asphyxiant gas is introduced. Poisonous agents used include hydrogen cyanide and carbon monoxide.
History
...
for the extermination of
Jews
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
,
Gypsies
The Romani (also spelled Romany or Rromani , ), colloquially known as the Roma, are an Indo-Aryan ethnic group, traditionally nomadic itinerants. They live in Europe and Anatolia, and have diaspora populations located worldwide, with sign ...
, and members of other ethnic or religious groups. Under the
slave labor
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
policy of the German government, at least 5 million persons had been forcibly deported from their homes to Germany. Many of them died because of
inhumane
Cruelty is the pleasure in inflicting suffering or inaction towards another's suffering when a clear remedy is readily available. Sadism can also be related to this form of action or concept. Cruel ways of inflicting suffering may involve vio ...
treatment. The tribunal also found that atrocities had been committed on a large scale and as a matter of official policy.
Of the seven indicted organizations, the tribunal declared criminal the
Leadership Corps of the party, the SS, the SD (, 'Security Service'), and the Gestapo.
Ad hoc tribunals
In May 1993, during the
Yugoslav Wars
The Yugoslav Wars were a series of separate but related#Naimark, Naimark (2003), p. xvii. ethnic conflicts, wars of independence, and Insurgency, insurgencies that took place in the Socialist Federal Republic of Yugoslavia, SFR Yugoslavia from ...
following the massive war crimes, and acts of "ethnic cleansing" in the former Yugoslavia by Bosnian-Serb forces, the United Nations established the
International Criminal Tribunal for the Former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
, to try war criminals of all nationalities. The crimes indicted included grave breaches of the
Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
,
war crimes,
crimes against humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
, and
genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin ...
; it was the first tribunal in which
sexual assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
was prosecuted as a war crime. The ICTY was the first international war crimes tribunal since the Nuremberg Trials. Ultimately, nearly 161 individuals were indicted in the ICTY: 68% of Serb ethnicity. Croatian-Serb, Bosnian-Serb, Serbian, and Bosnian-Croat officials were convicted of crimes against humanity, and Bosnian-Serb leaders of genocide.
In 1994, the UN opened the
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda (ICTR; french: Tribunal pénal international pour le Rwanda; rw, Urukiko Mpanabyaha Mpuzamahanga Rwashyiriweho u Rwanda) was an international court established in November 1994 by the United Nation ...
following the April–June genocide in that country of Hutu nationals.
The tribunals, while effective in prosecution of individuals, proved to be a costly venture, and exposed the need for a permanent tribunal, which was eventually known as the
International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
.
See also
*
United Nations War Crimes Commission
The United Nations War Crimes Commission (UNWCC) initially called the United Nations Commission for the Investigation of War Crimes, was a commission of the United Nations that investigated allegations of war crimes committed by Nazi Germany and ...
*Harry
Breaker Morant
Harry "The Breaker" Harbord Morant (born Edwin Henry Murrant, 9 December 1864 – 27 February 1902), more popularly known as Breaker Morant, was an Anglo-Australian drover, horseman, bush poet, military officer, and war criminal who was co ...
and
Court martial of Breaker Morant
The 1902 court-martial of Breaker Morant was a war crimes prosecution that brought to trial six officersLieutenants Harry "Breaker" Morant, Peter Handcock, George Witton, Henry Picton, Captain Alfred Taylor and Major Robert Lenehanof the Bu ...
*
My Lai Massacre
My or MY may refer to:
Arts and entertainment
* My (radio station), a Malaysian radio station
* Little My, a fictional character in the Moomins universe
* ''My'' (album), by Edyta Górniak
* ''My'' (EP), by Cho Mi-yeon
Business
* Market ...
References
External links
International Center for Transitional Justice, Criminal Justice page
{{Authority control
War crimes
Types of trials