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Klearchos Kyriakides and Stuart Weinstein

paid to reason.” (Robert H. Jackson, Chief of Counsel for the United States, Nuremberg, Germany, 21 st November 1945) The International Criminal Tribunal (“the Tribunal”), which was conducted at Nuremberg in the immediate aftermath of the Second World War, occupies a special place in the history of

Susanne Walther

cannot be solved at a national level. Further complexities are added by the fact that the issue of collec- tive Vergangenheitsbewdltigung has arisen for the second time in recent German history. For many it may be tempting to equate the legacy of the Socialist Unity Party (SED) with that of the Nazis

Giorgio Bongiovanni, Giovanni Sartor and Chiara Valentini

February 1968, BVerfGE 23, 98) and prosecution of ‘grudge-informers’ of the Nazi regime (which was at the centre of the Hart-Fuller debate), as well as the more recent trials of the border guards of the German Democratic Republic who killed fugitives trying to escape over the Berlin Wall (see 5 StR 370

Diane Marie Amann

. Ferencz, allowed that there might have been “inherent feelings,” but that they never rose to vengeance. “I can say that there was no indication in the prosecution itself of any bias with German generally or Nazis in particular”, Ferencz added. “Telford Taylor … set the tone and the policy. He was a man

Nikola Hajdin

war. It held that he was ‘the planner and prime mover in the military and diplomatic preparation for war which Germany pursued’. 24 The defendant Hess 25 was found guilty of counts one and two of the indictment. He was Hitler’s deputy and a top official in the Nazi party. His primary

Samuel Moyn

played some role in re-educating German lawyers in particular. But what really mattered was that crimes against humanity were presented to “German officialdom” in ways that “the political elite could not shrug off. It could and did illustrate what happens when Nazi ideology replaces legalism” (168

them- selves to art treasures of German provenance which they mostly found in the rich museums of their zone. This meant that many objects which had initially been looted by the Nazis were looted for a second time by the Soviets. It would be hard to keep abreast of the variety of possible restitution


castration and sterilization. In Germany, after what was experienced under the Nazi regime, castrations and sterilizations against the will of the person concerned are deemed a violation of human dignity. 37 For this reason, the regulations adopted for sterilization under BGB, s. 1905 as well as the

Alette Smeulers

. In Nazi Germany for instance the ss -men could not marry without specific approval of the ss which tested whether the wives believed in the ss ideas as well and were worthy of marrying a member of the elite force. Some 240.000 women married ss -men thus supporting the existence of this elite

Avitus A. Agbor

Hutu-led Rwanda was a facsimile of Nazi Germany in numerous dimensions. Therefore, had the prosecutors taken the joint criminal enterprise approach as applied in Nuremberg, this ‘substantial contribution’ requirement would be unnecessary because there was an agreement to commit the atrocities (criminal