Study Guide for Test 2 The charges defendants and legal precedents of the Nuremberg Trials 4 Charges 1 Genocide 2 War Crimes 3 part definition a Crime committed during a time of war b Crime committed by the military c Crime committed against the soldier or civilians of an enemy country Gaps in the definition a Crimes committed against your own civilians b Killings the Nazis did in countries that were their allies such as Romania Czech Austria Italy c Killings that took place outside the scope of war before war was declared Solution Crimes against Humanity 3 Crimes against Humanity Inhuman acts against a civilian population Requires it to be systematic to be used in court o Crimes such as terrorism fit into this category They tried 22 Nazis they chose anyone that they thought has been a leader highest military Nazis business leaders civilian leaders 4 Violations of the Geneva conventions Main Defendants 1 Herman Goering Highest Nazi leader they could get He directed the 4 year plan He was responsible for elimination of Jews form political life for the destruction takeover of Jewish business property Sentenced to death by hanging but he committed suicide in his cell 2 Rudolph Hess deputy minister Was given life imprisonment 3 Julius Streicher Editor in Chief of anti Semitic paper sentenced death by hanging 4 Hans Frank extermination camps in Easter Poland were constructed implemented under him He denied knowing anything about Auschwitz but after his journals were discovered he took responsibility condemned Hitler Sentenced to death by hanging 5 Albert Speer Head of labor who transferred slave workers sentenced 20 years 6 Ernst Kaltenbrunner Responsible for The final solution to the Jewish question for the 2 million in concentration camps killings of the 6 million Jews 7 Walther Funk agreed to received jewelry possessions of Jews killed in camps Defenses used by Nazis A That it was a show trial victor justice no justice He argues that this is what has taken place in history when the winning nations take on the losers Justice Jackson responds if these men are the 1st world leaders of a defeated nation to be prosecuted in the name of the law they are also the 1st to be given a chance to plead for their lives in the name of the law 1 B Ex Post Facto law Crime committed after the fact they argued that you cant prosecute a crime that was committed after it took place Justice Jackson responds that they should have known it was wrong It was the Nazi state rather than individuals that committed these crimes Jackson C responds individuals commit crimes but its the individuals that make the decisions D Superior orders it was the general that should be held accountable not the people following orders Prosecutor would respond with superior orders are no longer a defense when it comes to crimes against humanity From this trial came Command Control Theory which states that military leaders are responsible for what their troops do It requires 2 requirements for this theory to be used in court i ii Trial precedes on a Hybrid new model Leader had actual control Commander gave an order or allowed it to happen European Model of Justice judge centered model where the judge acts as a judge prosecutor U S wanted a jury trial Compromise prosecutors defense attorneys instead of jury they would have 4 judges which is called an Adversarial system Each judge would be from the ally countries 2 important figures a Robert Jackson the US Supreme court he would be the prosecutor Seen as a crucial figure in this trial b Francis Biddle former attorney general from US he would be the judge Results Others were given imprisonment 11 Nazis condemned to death hung 3 of them found not guilty 2 committed suicide This case was the first to use films taken by Nazi US as evidence Unlike the Nuremberg ICTY International Criminal Tribunal for Yugoslavia a Had 11 judges from different countries b Appeal process no hanging the defendants the next after their verdict c No death penalty The background and human rights violations of the 1991 1995 Balkan conflict Yugoslav conflict 91 95 At the time of Hitler s fall Yugoslavia became under the control of the communist leader Tito Three different republics with nothing in common were held together by him 1 Serbian had Orthodox Christians majority 2 Croatia had a catholic majority 3 Bosnia had a Muslim majority After his death republics attempt to gain independence Serbians with army paramilitaries attempt to keep them together They set out to commit ethnic cleansing of the Croatians the Bosnians 2 Rape used as a weapon of war Serbs created rape camps to send a message to the Bosnian Muslims as they approached their regions o Soldiers would be rewarded with raping women Their intent was to impregnate them in order to destroy the Bosnian bloodline They also knew that Bosnian Muslims would never get an abortion 600 000 women were raped UN or US didn t intervene with the excuse Until Tito came into power ethnic conflict has been taking place for years how could we get involved 130 000 people were killed as a result Instead of sending in military action to prevent the genocide they decided to prosecute the perpetrators UN creates the ICTY The task and process of the ICTY It draws on the legacy of Nuremberg Four elements of Nuremberg 1 Individuals at the highest level of government can be tried for human rights violations in International Tribunals 2 Both civilians and military can be tried From the film showed in class the newspaper guy the radio broadcaster Speer in charge of the economy the bank guy were tried 3 Command control theory can be used to prosecute high ranking officials 4 Superior order is no longer a defense this means that lowest ranking soldiers can be tried they cant use following an order as an excuse The primary jurisdiction of the ICTY ICTY was an ad hoc tribunal for Yugoslavia which meant that it dealt only with cases it was created for It had jurisdiction over the charges Defendants 1 Dusko Tadic was the 1st conviction of a low level soldier he was a torturer a rapist He uses the following an order defense which won t be accepted by the court 2 Krstic he was a general in the Serb Army he was one of the generals at Srebrenica He claimed that he didn t know anything about it that he was just following orders He was the 1st to be charged of genocide 3 Milosevic president of Serbia charged of genocide ultimately died of an heart attack He acted as his own lawyer There
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