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Command Responsibility in the Former Yugoslavia: The Chances
Command Responsibility in the Former Yugoslavia: The Chances

... Yamashita on such a theory was without precedent. I" It had never before been alleged that a military commander was liable for the illegal acts of his subordinates where no evidence was proffered to prove the commander specifically ordered his troops to commit those illegal acts. Though it lacked pr ...
Self-defence in the immediate aftermath of the adoption of the UN
Self-defence in the immediate aftermath of the adoption of the UN

... In contrast, the defence asserted that the invasion of Norway was a preventive measure of self-defence. In the direct examination of defence witness Admiral SchulteMönting by defence counsel for Erich Räder, the assertion was made that there were numerous reports about the Allies’ intentions to occu ...
American Organization for Prosecution of German War Criminals
American Organization for Prosecution of German War Criminals

... not necessary for the overpowering of the opponent should not be permitted."2 Beside this principle there grew one, perhaps deriving its inspiration from mediaeval chivalry, that war should be conducted only by belligerents dearly distinguished from the general populace by distinctive costume and sp ...
The Nuremberg trials: international law in the making
The Nuremberg trials: international law in the making

Benchmark Set 4 - Jessamine County Schools
Benchmark Set 4 - Jessamine County Schools

... the Government of the Union of Soviet Socialists Republics, there shall be established an International Military Tribunal (hereinafter called “the Tribunal”) for the just and prompt trial and punishment of the major war criminals of the European Axis. A. The Geneva Accords B. The Yalta Conference C. ...
Prosecution of Violations of IHL
Prosecution of Violations of IHL

... enemy nationals since the American Revolution, the term “military commis‌sion” was first used during the Mexican War (1846-‌1848). It was used to distinguish “commissions,” which tried enemy nationals, from military tribunals/ courts, which tried American soldiers. That distinction has continued to ...
Toyossaburo Korematsu v. United States
Toyossaburo Korematsu v. United States

... Harbor. Many Americans feared that Japan might invade the West Coast. At this time 112,000 people of Japanese descent lived on the West Coast. People feared that some JapaneseAmericans would become enemy agents. Reacting to public pressure, President Roosevelt, with the approval of Congress, issued ...
Time Line
Time Line

... President Franklin Roosevelt signs Public Law 503, which makes a knowing violation of DeWitt's orders a crime, punishable by law. ...
1

Ex parte Quirin



Ex parte Quirin, 317 U.S. 1 (1942), is a case of the United States Supreme Court during World War II that upheld the jurisdiction of a United States military tribunal over the trial of eight German saboteurs in the United States. Quirin has been cited as a precedent for the trial by military commission of any unlawful combatant against the United States.It was argued July 29 and July 30, 1942, and decided July 31, 1942, with an extended opinion filed October 29, 1942.This decision states in part that:... the law of war draws a distinction between the armed forces and the peaceful populations of belligerent nations and also between those who are lawful and unlawful combatants. Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals.
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