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Be sure to have covered the following areas Study Guide for Test 2 2014 1 The charges defenses and legal precedents of the Nuremberg Trials Humanitarian law The laws of war Germany murdered over 100k german civilians many being the mentally ill handicapped etc along with 3 5m Russian pows and over 500k romas gypsies Big question was how to prosecute crimes of this magnitude as it had never been done A single murder is a crime a million murders is a statistic Joseph Stalin Would they prosecute the military leaders Civilian leaders How far down the chain of command would they prosecute This created the Command Control Theory Which is the idea that military leaders are responsible for the actions of their troops To show the existence of command control theory in trial the prosecution must show two things 1 Commanders must have actual control of their troops 2 The commanders either knew about the crimes or did nothing to prevent them from happening The main legal precedent for the Nuremberg trials and partially the command control theory was the 1st international war trial 1474 which took place in the Holy Roman Empire It involved a knight who was accused not of committing any crimes but rather allowing his troops to rape pillage and murder everyone in a nearby village that wasn t under his control A The knight was tried and convicted by 27 judges and sentenced to death for his crimes 1 British model Supported by Churchill he called for the top german leaders to be executed without trial also supported by france 2 Russian modeal Supported by Stalin he wanted to execute all 50 000 german 3 U S model Supported by Truman he insisted on some kind of judicial process officers for the officers i From here the allies created a new model for war crime trials a Each of the Allies US USSR UK France would name a prosecutor and a judge to conduct the trial and each leader would be tried in a court b Then the question was What are the legal rules for the trial i Russia leaned towards a Show Trial which is a trial in which multiple accusations are said and after the accusations there are mass executions ii Britian leaned towards the European Model which had 1 No juries 1 prosecutor 2 Judge Prosecutor 3 Trial investigation sentencing all done by the Judge iii U S leaned towards the Adversarial Model which had 1 Teams of Prosecutors Defense attorneys There were multiple ideas for how the trials should be conducted 2 An Independent Judges 4 3 Examinations Cross examinations 4 3 of 4 Judges need to agree to convict a U S Chief Prosecutor Justice Robert Jackson Supreme court b U S Selection for Judge Francis Biddle former US attorney member General ii The Classic charge of War Crimes 1 Crimes committed by the military which meant they could only charge military members from this trial 2 In a time of war meaning any crimes committed before the war were dismissed 3 Crimes must be committed against the military or civilians of a hostile country meaning any country on the other side of the war a Including i Killing civillians in occupied territory ii Killing POWs iii Enslaving civilians for forced labor b 4 New Charge Crimes Against Humanity a Inhumane Acts committed against the civilian population i Murder enslavement and extermination ii Civilians could be charged iii Defenses 1 Limitation is that crimes had to be planned and systematic one crime wasn t enough to qualify 1 Goering Defense that the trial was a show trial and merely Victor s Justice and that they didn t have jurisdiction 2 Es Post Facto Defense the crimes the Germans committed weren t against the law at the time they committed them and that retroactive prosecution shouldn t be allowed 3 State Crime Defense Germany had committed the crimes not the individuals 4 Superior Orders Defense The German soldiers were only following orders The definition of genocide Genocide was defined as a crime after the Nuremberg Trials as a tool to combat Human Rights violations that occur on the grand scale Genocide The intentional elimination or attempt at elimination of an entire group based on Race Religion Nationality or Ethnicity was supposed to include Political Beliefs but Stalin opposed The requirements of the UN Convention against Genocide The UN convention against genocide was created after examining the Nazi intentions and created the International Treaty Against Genocide Passing the treaty against genocide carried 2 requirements for states who ratified over 140 countries have ratified it treaty passed in 1948 went into effect 1951 U S ratified in 1986 1 Must Prosecute Genocide 2 Must Prevent Genocide 1 The roles of Raphael Lemkin and William Proxmire in combating genocide i Raphael Lemkin was pivotal in combating genocide in the early stages of the UN convention 1 He was a Polish Jewish Lawyer who escaped Poland before it became under Nazi control lost his family in the war 2 Developed an interest in prior attempts at genocide to understand why genocide happens 3 Created the word Genocide 4 His life mission To establish Genocide as a crime in international law 5 Helped created the Treaty against Genocide ii Senator William Proxmire was a senator from Wisconsin who was determined to have the U S ratify the Treaty against Genocide 1 Proxmire gave a speech every day in congress until the treaty was passed a This went on for 19 years which comes out to over 3200 speeches 2 1986 the treaty was finally ratified 1 Little was done with the Convention against genocide for over 40 years due to the cold war which cause the world to hold its breath until the fall of the Berlin wall in 1989 which ended the cold war i During this time a genocide in Cambodia took place and was mostly ignored in the 1970s 1 Pol Pot attempted to turn Cambodia back into an agrarian society bringing the country back into peace a He eliminated all traces of the west including technological advances medicine b Killed off all educated people since they were tainted by the west i Almost 3million people c Used children as spies on their parents to weed out bad seeds d Ironically the genocide was stopped by North Korea to stop the killing fields that were fields of dead bodies 1 The background and human rights violations of the 1991 1995 Balkan conflict i The Balkan War started when 3 provinces declared independence from one another 1 Serbia which had an orthodox Christian majority 2 Croatia which had a Catholic Majority 3 Bosnia which had a Muslim Majority ii The Serbian army tried to


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FSU CCJ 4938r - Study Guide for Test #2

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Notes

Notes

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Deviance

Deviance

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Essay

Essay

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Exam 2

Exam 2

22 pages

Test 2

Test 2

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Midterm

Midterm

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Exam 1

29 pages

CHAPTER 1

CHAPTER 1

18 pages

CHAPTER 1

CHAPTER 1

13 pages

Exam 2

Exam 2

22 pages

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Notes

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Notes

Notes

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Exam 3

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