War Crime Trials + Prosecutions

“I thought at the time and still think that the Nuremberg trials were unprincipled. Law was created ex post facto to suit the passion and clamor of the time. The concept of ex post facto law is not congenial to the Anglo-American viewpoint on law. Before criminal penalties can be imposed there must be fair warning that the conduct which one undertook was criminal.”—William O. Douglas, LL.D. (Associate Justice, Supreme Court of the U.S., 1939-1975)

We used to have these trials listed under postwar crimes, but since most visitors don't expect them there, hence had a hard time finding it, we moved it up one notch. If you wonder why we put it there in the first place: because the Allied tribunals and all the trials that followed in their wake were a crass violation of international law and thus a crime by definition. Here are papers bringing that message home.

  • Not Guilty at Nuremberg

    Note IMT = 1st Nuremberg Trial, in 4 languages. NMT = 12 later Nuremberg Trials, in English. In the absence of any indication to the contrary, all page numbers refer to the American edition, with the German page numbers in [brackets]. Dedicated to Barbara Kulaszka and Dan Gannon Introduction The re-writing of history is as…

  • American Atrocities in Germany

    I American investigators at the U. S. Court in Dachau, Germany, used the following methods to obtain confessions: Beatings and brutal kickings. Knocking out teeth and breaking jaws. Mock trials. Solitary confinement. Posturing as priests. Very limited rations. Spiritual deprivation. Promises of acquittal. Complaints concerning these third degree methods were received by Secretary of the…

  • Creative Justice: Conviction Without Accusation

    In war crimes trials, “conspiracy”, “design”, and “plan”, are used sometimes synonymously, and sometimes not. The doctrine of conspiracy was borrowed from American state and lower Federal Court decisions, particularly Marino vs. US, 91 Fed. 2d. 691, Circuit Court of Appeals. The rest of the world, of course, was not placed on notice to obey…

  • The German Justice System

    For a short time during the war, Gottfried Weise was a German guard in the Auschwitz concentration camp. Was he therefore automatically a subhuman not deserving to be heard? Gottfried Weise asserted that he did not do anything evil in these months, and ten former internees who could remember Weise confirmed this. However, two other…

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