Study Guide for Test 2 Be sure to have covered the following areas The charges defendants and legal precedents of the Nuremberg Trials Defendants o 22 Nazis put on trial Not just Military civilian leaders but also civilian business leaders that profited from extermination Charges Allowed to Prosecute o Count 1 o Count 2 o Count 3 Conspiracy to Wage Aggressive War Waging an Aggressive War War Crimes Crimes committed during time of war By military against the soldiers or civilians of an enemy power killing Russian POW s killing any Jews in Holland Denmark or France Committed against Jews ethnic minorities physically and mentally disabled persons civilian in occupied countries and others Crimes Against Humanity Inhumane acts against a civilian population o Count 4 Count 4 was meant to fill the gap Requirement Crimes have to be systematic a plan not just a single isolated incident Legal Precedents Legal Strategic Issues o There was the absence of any legal precedent for trials of this kind o The problem of holding individuals responsible for the crimes of a government o Difficulty of obtaining documentary evidence o The Higher Command issue proved to be very difficult o The defendants could rightfully claim and Goering did so frequently that the Allied forces committed some of the same atrocities for which they were being charged Robert H Jackson Francis Biddle Chief Prosecutor during Nuremberg Trial Judge during Nuremberg Trials Results of Nuremberg Trial o 11 Nazi condemned to death and hung o 3 found not guilty o The Rest Got different prison sentences o 2 committed suicide o This is why the trial is credible o 1st time Film was used in trial by Nazis and U S Soldiers o Germans still believed results were fair International Criminal Tribunal for ex Yugoslavia ICTY Draws on what we call the Legacy of Nuremberg Connections to Nuremberg Power of Tribunal 1 Individual at the highest level of gov can be tried for HR violations in international tribunals 2 Both Civilians and Military leaders can be tried 3 Command Control theory can be used to prosecute high ranking officials 4 Superior Orders are no longer a defense Nuremberg says we can punish low level all the way to high order superiors The background and human rights violations of the 1991 1995 Balkan conflict Background o Ex Yugoslavia Came under control of Communist Tito o Republics Population consisted of a majority of Orthodox Christians Catholic Majority Muslim Majority Serbia Croatia Bosnia Tito Dies A number of Republics Declare Independence o Serbia invaded a of other republics to expand Greater Serbia 1991 1995 o Serb Irregulars operate as army but no control like a regular military o Ethnic Cleansing Get rid of Catholic Croatians Catholic Muslims HR Violations o Genocide Ethnic Cleansing o Rape as a Weapon of War 60 000 Bosnian women raped Serbs created Rape Camps Raped sometimes 20 30 times a day Destroy Bloodline by impregnating girls Serb Muslim Woman He is working with Tattoo Removal The task and process of the ICTY Challenges to International NATO U S UN didn t want to step in Fear of Vietnam factor Instead of prevent Genocide we decided to Prosecute Genocide ICTY 3 ethnic groups had been fighting for Centuries before Tito Inspired by Nuremberg UN decides to form ICTY The Hague The Charges Genocide unlike Nuremberg War Crimes Crimes against Humanity Created at time of Nuremberg Trials Violations of the Geneva Conventions ICTY different from Nuremberg 11 judges from 11 different Countries Unlike Nuremberg there is an appeal process and No Death Penalty Known as an ad hoc tribunal which means that it dealt with 1 situation Just the The primary jurisdiction of the ICTY ICTY situation in ex Yugoslavia Operated in Netherlands Moved away from Home Country Positive accomplishments of the ICTY We finally are prosecuting people of Genocide at the highest level Genocide being prosecuted for 1st time at an International Tribunal Rape can now be considered a crime against Humanity Weaknesses and shortcomings of the ICTY Challenges Of ICTY War wasn t over unlike Nuremberg as a result only people they initially could arrest were the lower level soldiers small fish ICTY had no Police Force to find Officials Depend on alleged perpetrators coming in contact w NATO troops o Dayton Peace Treaty 1995 called Dayton Accord Negotiated Problem Higher up people from Bosnia that they want to sign Peace Treaty are same people they want to prosecute Peacekeeping troops enforced Peace Treaty but couldn t go look for Officials The Foca case 1st one when mass rapes became central issue of trial Serbs took over FOCA rape camp in a sports center Events from 1992 Very Young woman o Girl known as A B 12 yr old o Told girl he went easy on her b c he had a 12 yr old daughter of his own o Ended up being sold to another soldier and was never seen again Loaned out to particular soldiers The Srebrenica case Safe Haven UN soldiers guarded to make sure that it was safe July 1995 Serbia shot up Safe Haven Same time as OJ trial o Thought was people would be tuned into that and they could get away with mass killings Command Control was used The background and human rights violations of the Rwandan conflict ICTR Rwanda clearly a crime of genocide More convictions and law on genocide than any other tribunal Million people died in 90 days Killed with machetes and spiked Clubs West did nothing to stop this Family members killing Tutu Tutsi o Clinton called it genocide like Hutu president airplane shot down o Hutu uses it as a reason to kill Tutsis Formerly for Rwanda Kagame President now of Rwanda Kagame Kagame steps in to stop the Genocide RPF Rwanda Patriotic Force made up of Tutsi s Got rid of ethnic ID cards B4 genocide 3 universities in Rwanda He has made it to where this 17 now Part of the Violence happened at the hands of the Interahamwe Death Squads formed Hutu saw as Rats Dehumanize part of recipe for Genocide France had been shipping weapons Hutu escaped because of France Rwanda Dr Pastor Natakyi Numerama Brought Hutu s that then would be killed Theories by Gourevitch ID cards Belgium insisted on these ID cards o Divide and Conqueor theory o Belgium favored the Tutsi s Colonialism The task and process of the ICTR ICTR is formed in 1994 April to July 1994 U S decided to prosecute but not to prevent the Genocide ICTR installs primacy decide which cases they will take and what cases they will let go of Most judges ad lawyers had been massacred during this
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