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1. Genocide2. War Crimes: 3 part definitiona. Crime committed during a time of warb. Crime committed by the militaryc. Crime committed against the soldier or civilians of an enemy countryGaps in the definition:a. Crimes committed against your own civiliansb. Killings the Nazis did in countries that were their allies such as Romania, Czech, Austria, & Italyc. Killings that took place outside the scope of war (before war was declared). Solution: Crimes against Humanity3. Crimes against Humanity: Inhuman acts against a civilian populationRequires it to be systematic to be used in courtCrimes such as terrorism fit into this categoryThey 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 conventionsMain 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 years6. 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 campsDefenses 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.”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 wrongC. It was the Nazi state rather than individuals that committed these crimes. Jackson responds individuals commit crimes but its the individuals that make the decisionsD. 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. Leader had actual controlii. Commander gave an order or allowed it to happenTrial precedes on a Hybrid/ new model:European Model of Justice: judge centered model where the judge acts as a judge & prosecutorU.S wanted a jury trialCompromise: prosecutors & defense attorneys & instead of jury they would have 4 judges which is called an Adversarial system. Each judge would be from the ally countries2 important figuresa. Robert Jackson, the US Supreme court he would be the prosecutorSeen as a crucial figure in this trialb. Francis Biddle, former attorney general from US, he would be the judgeResults:11 Nazis condemned to death & hung3 of them found not-guilty2 committed suicideOthers were given imprisonmentThis case was the first to use films taken by Nazi & US as evidencea. Had 11 judges from different countriesb. Appeal process, no hanging the defendants the next after their verdictc. No death penaltyYugoslav conflict 91-95At 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 majority2. Croatia, had a catholic majority3. Bosnia, had a Muslim majorityAfter 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.Rape used as a weapon of war. Serbs created rape camps to send a message to the Bosnian Muslims as they approached their regions.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 ICTY2. Both civilians and military can be triedFrom the film showed in class the newspaper guy, the radio broadcaster, Speer (in charge of the economy) & the bank guy were tried3. Command control theory can be used to prosecute high-ranking officials4. 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.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 were a number of rape victims that were abusively cross-examined by him, which was a problem.4. Biljana Plavsic a university professor who had been the number 2 person to signing of rape to be used as a tactic. She pled guilty to crimes against Humanity she was given an 11 year sentence.5. Karadzic: a psychiatrist6. Miladic: the general that gave the order for Srebrenica. He was found last yearThe civilian leaders were now getting triedGenocide being prosecuted for the first time


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FSU CCJ 4938r - Study Guide for Test #2

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