War Crimes and Trials

"Preface Prelude: Purposes and Plan of the Book Abbreviations and Legal Terms 1 What Is a War Crime? War and Armed Conflict Law and War Pre–World War I: Evolution of Contemporary Law Document: Geneva Convention The Lieber Code and the American Civil War Document: The Lieber Code (General Orders No. 100) The 1899 and 1907 Hague Conventions Document: List of 1907 Hague Conventions Document: 1907 Hague Convention IV: Annex Document: 1907 Hague Convention X Naval Warfare Document: Manual of the Laws of Naval War References 2 World War I: Leipzig Document: Report, Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties Document: Treaty of Versailles Trials Trial Summaries #1: The Dover Castle and the Llandovery Castle Document: Dover Castle Document: Llandovery Castle Superior Orders as a Defense References 3 Between World War I and World War II The League of Nations Document: Covenant of the League of Nations Why Did the League Fail? The Kellogg-Briand Pact: Regulating the jus ad bellum Document: Kellogg-Briand Pact—Treaty between the United States and Other Powers Providing for the Renunciation of War as an Instrument of National Policy What Did Kellogg-Briand Accomplish? Extending the Scope of the jus in bello Chemical and Biological Weapons Document: Protocol for the Prohibition of the Use in War of Asphyxiating Gas and of Bacteriological Methods of Warfare Prisoners of War (POWs) Document: Convention of July 27, 1929, Relative to the Treatment of Prisoners of War References 4 World War II What Caused World War II? Germany War Crimes Nazi Party Organizations Trials References 5 Anton Dostler Case Document: The Führerbefehl of 18 October, 1942 Trial Summary #2: The Dostler Case Document: The Anton Dostler Case The Importance of the Ruling on Jurisdiction Reprisals Superior Orders as a Defense Reference 6 German Concentration and Extermination Camps The ""Final Solution"" References 7 Zyklon B Trial Fritz Haber What Is Zyklon B? Fritz Haber and the Nazis Preparing for the ""Final Solution"" Trial Summary #3: The Zyklon B Case Document: The Zyklon B Case Setting the Stage for the Defense Some Additional Notes for Future Reference References 8 Belsen Trial Charges Trial Summary #4: Belsen Trial Document: Belsen Trial: Josef Kramer and 44 Others Some Observations about the Testimony A Note on Camp Organization References 9 Buchenwald Trial Defendants Trial Summary #5: Buchenwald Trial Document: Buchenwald Trial (United States of America v. Josias Prince zu Waldeck et al.) Some Additional Findings of the Court References 10 The Malmedy Massacre Trial Malmedy Trial Summary #6: Malmedy Massacre Document: Malmedy Massacre (United States v. Valentin Bersin, et al.) The Rest of the Story References 11 The Nuremberg Trial Document: International Conference on Military Trials (London Charter) A Note on the Tokyo Trials Nuremberg: Jurisdiction and Procedure Nuremberg Hermann Göring Rudolf Höss (Hoess) Trial Summary #7: Trial of the Major War Criminals Was the Nuremberg Trial an Exercise in Victor's Justice? Significance References 12 Allied Control Council Law No. 10 Document: Allied Control Council Law No. 10 (CCL no. 10)—Punishment of Persons Guilty of War Crimes, Crimes against Peace and against Humanity References 13 The Medical Case (Doctors' Trial): United States v. Karl Brandt, et al. Trial Summary #8: The Medical Case Document: United States v. Karl Brandt, et al. Why? References 14 Einsatzgruppen Case: United States of America v. Otto Ohlendorf, et al. Otto Ohlendorf Trial Summary #9: Einsatzgruppen Case Document: United States v. Otto Ohlendorf, et al. Discussion A Curious Defense References 15 Tokyo War Crimes Trial International Military Tribunal for the Far East Document: Charter of the International Military Tribunal for the Far East Alliance with Germany The War in the Pacific Emperor Hirohito General Hideki Tojo Composition of the Court Trial Summary #10: Trial of Major Japanese War Criminals Document: Trial of Major Japanese War Criminals The Tokyo Trials and Victor's Justice References 16 General Tomoyuki Yamashita The Yamashita Case: Command Responsibility Trial Summary #11: Trial of General Tomoyuki Yamashita Document: In Re Yamashita 327 U.S. 1 (1946) The Rest of the Story References 17 Khabarovsk War Crime Trial Japanese Bacteriological Weapons Program Shiro Ishii and Unit 731 General Otozo Yamada Trial Summary #12: General Otozo Yamada and Eleven Others Document: General Otozo Yamada and Eleven Others Testimony War Crimes and the Politics of Self-Interest References 18 The Eichmann Trial The Eichmann Saga The Wannsee Conference Implementing the ""Final Solution"" Trial Summary #13: Karl Adolf Eichmann Document: The Attorney General v. Adolf Eichmann Testimony Some Questions without Good Answers References 19 My Lai Massacre: Vietnam War Conscription (The Draft) The Defendant Army Operations in Vietnam The My Lai Operation The Investigation The Uniform Code of Military Justice Document: The Uniform Code of Military Justice Trial Summary #14: United States v. Calley Document: United States v. William Laws Calley Jr. Aftermath Changes References 20 Updating the Rules of War after World War II What Changed? The United Nations Charter Document: The Charter of the United Nations The Geneva Conventions Document: The 1949 Geneva Conventions Geneva Convention for the Amelioration of the Conditions of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 (Geneva I) Geneva Convention for the Amelioration of the Conditions of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea of August 12, 1949 (Geneva II) Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 (Geneva III) Geneva Convention for the Protection of Civilian Persons in Time of War of August 12, 1949 (Geneva IV) The Common Articles The Additional Protocols Document: Geneva Protocol Additional I Document: Geneva Protocol Additional II Document: Protocol Additional III (2005) Grave Breaches and War Crimes Moving from the Law on the Books to Making the Law Work in Action References 21 The Genocide Convention The Genocide Convention: The Politics of Definition Document: Convention on the Prevention and Punishment of the Crime of Genocide Innovations and Problems References 22 The International Criminal Tribunal for the Former Yugoslavia Yugoslavia Mandate Document: The Statute of the International Tribunal for the Prosecution of the Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 Structure The Appeals Chamber Office of the Prosecutor and the Registry Mechanism for International Tribunals Guilty Pleas Problems References 23 Duško Tadic Trial Introduction: The Bosnian Wars Duško Tadic International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 Document: Rules of Procedure and Evidence What Is the Purpose of a Trial? Trial Summary #15: Prosecutor v. Duško Tadic (aka ""Dule"") Document: Opening Statement by Presiding Judge Gabrielle Kirk McDonald Testimony Why Tadic? References 24 Slobodan Miloševic The Dayton Agreement Kosovo and ""The Turks"" Indictment and Transfer Trial Summary #16: Prosecutor v. Slobodan Miloševic Testimony Document: Evidence That the Yugoslav Military had Investigated and Prosecuted War Crimes A Mixed Legacy References 25 Radovan Karadžic The Tribulations of Trials Trial Summary #17: Prosecutor v. Radovan Karadžic Document: Prosecutor v. Radovan Karadžic Testimony Second Witness Timely Justice and the Requirement of ""Fair"" Trials The Appeals Process Document: Radovan Karadžic's Appeal Brief References 26 Trial of Radislav Krstic Bosnian Serb Army Radislav Krstic Srebrenica Trial Summary #18: Prosecutor v. Radislav Krstic Document: Prosecutor v. Radislav Krstic Testimony The Appeal References 27 Croatia, Operation Storm, and Ante Gotovina Croatia Document: Operation Storm: Croatia's Triumph, Serbia's Grief Balkan Transitional Justice Croatia and the ICTY Ante Gotovina, Ivan Cermak, and Mladen Markac Trial Summary #19: Appeal of Ante Gotovina and Mladen Markac Document: Summary of Appeals Judgment Issues for the Future Politics and the Law References 28 Rwanda: The Genocide Setting the Stage: The Colonial Legacy Prelude to Genocide Refugees and the Rwandan Patriotic Front The Situation in Rwanda Document: Hutu Ten Commandments Preparation The Spark The Genocide Begins The RPF Advance The Whims of International Response The International Criminal Tribunal for Rwanda References 29 The International Criminal Tribunal for Rwanda: Jean-Paul Akayesu The Politics of Places Establishing Genocide Document: Analysis Framework to Determine If Genocide Has Occurred Trial Summary #20: Prosecutor v. Jean-Paul Akayesu Document: Prosecutor v. Jean-Paul Akayesu Testimony Notable Firsts Defending Accusations of Genocide Decision References 30 Prosecutor v. Théoneste Bagosora, et al. (The Military Trial 1) Théoneste Bagosora Gratien Kabiligi Aloys Ntabakuze Anatole Nsengiyumva Trial Summary #21: Prosecutor v. Théoneste Bagosora, Gratien Kabiligi, Aloys Ntabakuze, and Anatole Nsengiyumva Document: ICTR-98-41-T Testimony The Problem of Punishment Nature of Sentences References 31 Prosecutor v. Jean-Bosco Barayagwiza, Ferdinand Nahimana, and Hassan Ngeze The Media Trial Jean-Bosco Barayagwiza A Lesson in Legal Procedure Ferdinand Nahimana Hassan Ngeze Trial Summary #22: Prosecutor v. Jean-Bosco Barayagwiza, Ferdinand Nahimana, and Hassan Ngeze Document: ""Judgement and Sentence,"" December 3, 2003 (paras. 392–398; 408–409) Testimony The Power of the Media in a Closed Environment A Final Note on the ICTR References 32 The Special Court for Sierra Leone: The Charles Taylor Trial Background: Liberia and Sierra Leone Liberia Sierra Leone and Liberia Document: Statute of the Special Court for Sierra Leone The Statute Charles Taylor Indictment Trial Summary #23: Prosecutor v. Charles Ghankay Taylor Document: Prosecutor v. Charles Ghankay Taylor Testimony Appeal The Residual Special Court References 33 The International Criminal Court Politics and Promise Document: Rome Statute of the International Criminal Court A Note on Other Courts Structure and Jurisdiction How Do Cases Come to the Court? Article 16: Deferral of Investigation and Prosecution Article 9: Elements of Crimes Document: Elements of Crimes: Crimes against Humanity Article 7: Crimes against Humanity The United States and the ICC Other Crises: The Politics of Prosecution Deferred Issue: The Crime of Aggression Document: Jurisdiction over the Crime of Aggression Activation Document: Elements of Crimes: Aggression References 34 Prosecutor v. Thomas Lubanga Dyilo Democratic Republic of the Congo Referral and Arrest Warrant of Arrest Warrant for Thomas Lubanga Dyilo Document: Warrant of Arrest, Situation in the Democratic Republic of the Congo in the Case of the Prosecutor v. Thomas Lubanga Dyilo Legal Issues Prior to the Trial The First Stay of Trial Proceedings The Second Stay of Trial Proceedings Trial Summary #24: Prosecutor v. Thomas Lubanga Dyilo Document: XI. Individual Criminal Responsibility of Thomas Lubanga (Article 25(3)(A) of the Statute Testimony Controversy References 35 Prosecutor v. Jean-Pierre Bemba Gombo Bemba and the First Congo War (1996) The Second Congo War Movement toward Peace Bemba and the 2006 Presidential Election Indictment and Arrest Role of the LAC The Plot to Prevent the Trial Trial Summary #25: Prosecutor v. Jean-Pierre Bemba Gombo Document: Definition of Command Responsibility A Crime Not Punished Appeals Chamber Decision References Index"