war by those “German officers and men and members of the Nazi Party” and “Hitlerite forces”. 87 The London Agreement, signed by the Great Powers, was entitled “the Prosecution and Punishment of the Major War Criminals of the European Axis”. 88 Article 1 of the Charter of the International Military
Persecution in Germany 1933–45, Cassell, 1995, at pp. 5–7.
VICTIMS AND THE INTERNATIONAL CRIMINAL COURT 361 makers. 65 While all these groups clearly were ‘victims’ of the Nazis, one can see in the different ways they were targeted that each were likely to have differing concerns and perspectives
* I am grateful for the helpful comments and suggestions I received from Anja Matwijkiw, Hugh Breakey, Tim Peters and the anonymous reviewer.
Carl Schmitt, the well-known German theorist of international law, constitutional law and politics is a unique figure in the history of
. The jurisdictions which have been selected for analysis are England and Wales, United States, France and Germany, all of which are prominent and influential jurisdictions.
In England and Wales, there are three defences which relate to the idea of duress in the Rome Statute: necessity
of Europe has been wrecked and trampled down by the mechanical weapons and barbaric fury of the Nazis . . . As his armies advanced, whole districts are exterminated,” Churchill had thundered. “We are in the presence of a crime without a name.” 3 What is this crime? Although we have all been
-Semitic magazine. He was a German who subscribed to the views, policies and plans of the Nazi regime. His greatest service to the Nazi regime was his journalistic skills. From 1923, Julius Streicher was the publisher, editor-in-chief, and eventual owner of the nationally-distributed anti-Semitic magazine, Der
signalled “the totality of the moral collapse the Nazis caused in respectable European society – not only in Germany, but in almost all countries . . . ”. 18 Legal precedents from normal polities oﬀ er illusory guidance when a criminal regime turns the background morality of society upside down. Th at is
understand that for Arendt the unprecedentedness of the crimes against humanity lies in the attempt to wipe a group of people off the face of the earth:
It was only when the Nazi regime declared that the German people not only were unwilling to have any Jews in Germany but wished to make the entire Jewish
National Prosecution of Genocide from a Comparative Perspective HELMUT KREICKER Head of the Section “International Criminal Law” at the Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany I. Introduction 1. From international law reforms to national law reforms