The (Failed) Attempt to Try the Kaiser and the Long (Forgotten) History of International Criminal Law: Thoughts Following The Trial of the Kaiser by William A Schabas

2020 ◽  
Vol 53 (1) ◽  
pp. 159-186
Author(s):  
Ziv Bohrer
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
First World War ◽  
Second World War ◽  
International Criminal Law ◽  
World War ◽  
International Criminal Tribunals ◽  
History Of ◽  
Second World ◽  
First World

The conventional historic account maintains that international criminal law (ICL) was ‘born’ after the Second World War. This account is incomplete, as William Schabas's book, The Trial of the Kaiser (2018), captivatingly shows by richly portraying the (aborted) First World War initiative to try the German Kaiser before an international tribunal. However, this article (after providing an overview of Schabas's book) argues that Schabas's account of a First World War ICL ‘birth’ is also incomplete. ICL during the First World War era was but one link in a much longer historical chain. The essay demonstrates this fact by presenting certain elements of the long (forgotten) history of ICL, which provide answers to questions that have been left unanswered, not only by the conventional account (of a Second World War ICL ‘birth’) but also by Schabas's account (of a First World War ICL ‘birth’). As the article discusses, the unveiling of a greater ICL history indicates that international criminal tribunals are not a modern innovation, and reveals the origins of ‘crimes against humanity’, of ‘aggression’ and of the universal jurisdiction doctrine. The essay further discusses reasons for the non-remembrance of the long history of ICL, the importance of acknowledging that history, and the likelihood of it becoming widely acknowledged in the near future.

The Principle of Complementarity: A Reflection on Its Meaning, Origin and Types in International Criminal Law

2021 ◽  
Vol 29 (1) ◽  
pp. 82-94
Author(s):  
Muyiwa Adigun
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
World War ◽  
International Criminal Tribunals ◽  
The First World War ◽  
Domestic Courts ◽  
The Relationship ◽  
First World ◽  
Principle Of Complementarity

The principle of complementarity is one of the most important concepts in international criminal law as it defines the relationship between international criminal tribunals and domestic courts. Certain claims have been made in respect of this concept thus this study examines the correctness of the claims made. The study finds that the concept is claimed to have originated from the sciences and that its expression in international criminal law has taken a distinctive form different from that in the sciences, that it is traceable to the First World War and that there are at least about four categories of the concept. The study, however, argues that while the concept originated from the sciences, its expression in international criminal law is no different from that in the sciences, that it is traceable to the trial of Peter von Hagenbach in 1474 (the Breisach Trial) and that there are at least five categories of the concept. The study therefore concludes that the claims made are incorrect.

The Origins of the Second World War

1963 ◽  
Vol 25 (4) ◽  
pp. 497-508
Author(s):  
Raymond J. Sontag
Keyword(s):  
First World War ◽  
Second World War ◽  
World War ◽  
The First World War ◽  
History Of ◽  
Alliance System ◽  
Second World ◽  
First World

Scholarly histories of the origins of the First World War began to appear within a few years of the close of hostilities. A dozen years later, the magisterial studies by Sidney B. Fay and Bernadotte E. Schmitt had appeared in this country, and comparable works had been completed by European scholars. It is now eighteen years since V E Day, but no studies comparable to Fay or Schmitt have appeared. In part this contrast is explained by the slowness with which the diplomatic papers concerning the years from 1919 to 1939 are being made available. Far more important, however, is the fact that scholars do not believe that a history of the origins of the Second World War can be written with substantial completeness from diplomatic records. In their studies of the years before 1914, Fay and Schmitt did consider subjects like nationalism and imperialism, but the thread that holds their story together is the history of negotiations between governments, and in particular the history of the European alliance system.

scholarly journals A Comparison of the Economic Situation of Tyrol, Austria in Three Key Periods: 1908-1913, 1945-1950 and 2008-2013

2015 ◽  
Vol 5 (1) ◽  
pp. 93-108
Author(s):  
Dirk-Hinnerk Fischer
Keyword(s):  
Cross Section ◽  
First World War ◽  
Second World War ◽  
World War ◽  
The First World War ◽  
History Of ◽  
Second Period ◽  
Second World ◽  
First World ◽  
Exclusive Focus

AbstractThe development of a formerly poor state in a great European power to a rich state in a small European country is remarkable. But the interest of this article is mainly on the methodology which is based on the exclusive focus on three key periods in the history of the observed region. This methodology leads to a very specific understanding of development and economic growth. The periods chosen in this example are the five years before the First World War, as it was a period of development and growth that in the end led to the fundamental crisis in the 20th century. The second period consists of five years following the Second World War. This period was crucial, as many fundamental developments were laid in this time. The final period begins with another big economic crisis in 2008. The selection is based on three rationales. First, it allows a comparison of how the population deals with crisis. Second, it provides a cross-section of over hundred years, and third, the topicality of these years increase the relevance of the paper.

scholarly journals Dowód osobisty wzór 1928 – koncepcja, realizacja i przemiany

2018 ◽  
Vol 5 ◽  
pp. 189-202
Author(s):  
Marian Łomnicki
Keyword(s):  
First World War ◽  
Second World War ◽  
World War ◽  
Document Design ◽  
National Identification ◽  
The First World War ◽  
History Of ◽  
And Control ◽  
Second World ◽  
First World

W artykule omówiono historię wprowadzenia na ziemiach polskich w okresie po pierwszej wojnie światowej dokumentu poświadczającego tożsamość – dowodu osobistego. Szczegółowej analizie poddano formularz uchwalony rozporządzeniem Prezydenta Rzeczypospolitej z 16 marca 1928 r. O ewidencji i kontroli ruchu ludności, czyli ogólnokrajowemu jednolitemu dokumentowi tożsamości zwanemu potocznie dowodem osobistym wzór 28. W tekście omówiono różnice w formularzach występujące w poszczególnych regionach Polski w okresie międzywojennym, a także przykłady wykorzystania formularzy przez władze okupacyjne w okresie Design of the 1928 identification document - concept, execution and transformation The article presents the history of a national identification document in Poland in the period after the First World War. Special emphasis is put on the form adopted by the presidential resolution on March 16, 1928 On registration and control of the movement of people, that is, the single national identification document design no. 28. The text discusses differences between various forms in particular regions of Poland in the inter-war period, and provides the examples of how the forms were used by Nazi authorities during the Second World War and by the authorities after the Second World War.

scholarly journals HISTORY OF ASTRONOMY UNDER THE AUSPICES OF THE IAU

2015 ◽  
Vol 11 (T29A) ◽  
pp. 196-204
Author(s):  
Rajesh Kochhar ◽  
Xiaochun Sun ◽  
Clive Ruggles ◽  
Juan Antonio Belmonte Avilés ◽  
Brenda Corbin ◽  
...  
Keyword(s):  
First World War ◽  
Second World War ◽  
History Of Astronomy ◽  
World War ◽  
International Astronomical ◽  
The First World War ◽  
History Of ◽  
Set Up ◽  
Second World ◽  
First World

International Astronomical Union was formed after the First World War although it became truly international only after the Second World War. Its Commission 41 on History of Astronomy (C41) was set up in 1948 and in a few years established itself as an active and influential unit. It has the distinction of being a joint Commission, the other partner being International Union of History and Philosophy of Science and Technology (IUHPS). Since IAU is an internationally respected body of professional astronomers, its support for history of astronomy enhances the credibility of the discipline in the eyes of scientists as well as science establishments of individual countries. C41 is committed to advancing objective and rigorous world history of astronomy taking into account all its aspects.

scholarly journals Arutjun Marutjan, Как помнят Великую Отечественную в Армении: некоторые наблюдения / How the Great Patriotic War Is Remembered in Armenia: Some Observations

2016 ◽  
Vol 4 (2) ◽  
pp. 95-105
Keyword(s):  
First World War ◽  
Second World War ◽  
World War ◽  
The First World War ◽  
Great Patriotic War ◽  
Red Army ◽  
History Of ◽  
Second World ◽  
First World

The article discusses a neglected aspect in the history of the Second World War and the role of Armenians and their motivation to fight against the Nazi Germany. The author suggests that the memory of the Genocide against the Armenians perpetratrated by Turkey in the First World War with connivence from Germany played an important role in the memory of Soviet Armenians enrolled in the Red Army. This is one of the explanations why the present day Republic of Armenia still maintains – from different reasons – the name The Great Patriotic War instead of Second World War, like Russia.

scholarly journals The Slavic Question: «On the Riverbanks of the Russia» (Alexandr Trushnovich and Others)

Slovenica ◽  
2018 ◽  
pp. 138-153
Author(s):  
Neža Zajc
Keyword(s):  
First World War ◽  
Second World War ◽  
World War ◽  
Biographical Information ◽  
The First World War ◽  
History Of ◽  
The Creation ◽  
Second World ◽  
First World

The article describes the history of the creation, formation and perception of the idea of Slavdom in Russia (from A.S. Pushkin and F.I. Tyutchev and further on). The analysis was made on the basis of the biographical information (“Memoirs of the Kornilov’s Soldier”) of the Slovenian A.R. Trushnovich, who during the First World War (as a soldier of the Austro-Hungarian army) moved to the side of Russia, into the army of Kornilov. This act affected on his personal destiny (he became Orthodox, married a Russian, etc.) and on his worldview. However, after the Second World War, his attitude towards the fate of Russia changed. However, Trushnovich retained his fi rm faith and the most spiritually creative sources of the Orthodox thought, which was N. Berdyaev.

Notstand und Sachverstand

2021 ◽  
Vol 62 (2) ◽  
pp. 405-442
Author(s):  
Stefanie Middendorf
Keyword(s):  
First World War ◽  
Second World War ◽  
International Level ◽  
World War ◽  
Short Period ◽  
The First World War ◽  
State Finance ◽  
History Of ◽  
Second World ◽  
First World

Abstract In the aftermath of the First World War, the Weimar Republic found itself in financial disarray. Originally put forward by the antirepublican right, the idea of a forced loan emerged. The idea triggered harsh controversies regarding the shortfalls in the new state’s sovereignty and its lack of fiscal power within the framework of an international order. The conflicting images of the Weimar state effected the decisions finally taken. This article argues that a rhetoric of emergency was combined with notions of the expert as an apolitical figure in order to legitimize compulsory lending. Yet, contrary to contemporary perceptions, the Weimar forced loan was not a result of governmental impotence or an exceptional incident within the history of public finance. As a political tool, it helped to solve conflicts on the national as well as the international level, if only for a short period of time. As an instrument of state finance, it was not an act of failure to still fiscal needs the ‚normal way‘ but a conscious claim for the autonomy of the Weimar state. But the conviction that compulsory loans might be a legitimate element of fiscal politics under the auspices of a strong and well-informed state emerged only with the Second World War – in Germany as well as on an international level.

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