War Reprisals in the War Crimes Trials and in the Geneva Conventions of 1949

1953 ◽  
Vol 47 (4) ◽  
pp. 590-614 ◽  
Author(s):  
A . R. Albrecht
Keyword(s):  
War Crimes ◽  
Second World War ◽  
Practical Significance ◽  
World War ◽  
Geneva Conventions ◽  
War Crimes Trials ◽  
Occupied Territories ◽  
Theory Of War ◽  
The One ◽  
Second World

The war crimes trials following the second World War and the Geneva Conventions of 1949 have posed a question about war reprisals which is likely to be important in any future war and which has immediate practical significance in the current wars in Asia. On the one hand, the trials have transformed the previously sketchy rules on reprisals into a more comprehensive and elaborate system of control. On the other hand, the Geneva Conventions have provided for almost the complete abolition of reprisals in the very area for which the rules of control were formulated. Moreover, the conventions remain unratified by many of the major Powers, of which at least one has already demonstrated its inability to observe the abolition of reprisals. The core of the problem concerns reprisals against civilian persons in occupied territories, for this was by far the most significant point in the trials on reprisals and was the subject of the most outstanding innovation introduced by the Geneva Conventions. Nevertheless, the issues raised by the contradiction between the trials and the conventions cannot properly be discussed without reference to the general theory of war reprisals.

The First Wave of International War Crimes Trials: Istanbul and Leipzig

2006 ◽  
Vol 14 (4) ◽  
pp. 441-455 ◽  
Author(s):  
ALAN KRAMER
Keyword(s):  
War Crimes ◽  
Second World War ◽  
Crimes Against Humanity ◽  
World War ◽  
The First World War ◽  
War Crimes Trials ◽  
International War ◽  
Second World ◽  
First World ◽  
Foundation Stone

The Nuremberg tribunal following the Second World War is universally considered as the foundation stone of international law with regard to war crimes and crimes against humanity. It may come as a surprise, however, to learn that the first international attempts to prosecute war crimes and crimes against humanity came at the end of the First World War, with trials held at Allied prompting in Turkey and Germany.

The contribution of the Emperor Asoka Maurya to the development of the humanitarian ideal in warfare

1995 ◽  
Vol 35 (305) ◽  
pp. 192-206 ◽  
Author(s):  
G.I.A.D. Draper
Keyword(s):  
War Crimes ◽  
Second World War ◽  
Red Cross ◽  
Humanitarian Law ◽  
World War ◽  
The United Kingdom ◽  
War Crimes Trials ◽  
The University ◽  
Legal Staff ◽  
Second World

Gerald Draper (1914–1989) was the foremost specialist in humanitarian law of his generation in the United Kingdom, and was well-respected in the law of war community worldwide. He was a Military Prosecutor in the war crimes trials in Germany after the Second World War, and following his retirement from the Army Legal Staff became a distinguished academic, finishing as Professor of Law at the University of Sussex. Draper was a delegate to many International Conferences of the Red Cross as well as to the Diplomatic Conference which drafted the Additional Protocols of 1977.

Why were there no war crimes trials for the Korean War?

2021 ◽  
pp. 1-22
Author(s):  
Sandra Wilson
Keyword(s):  
Korean War ◽  
War Crimes ◽  
Second World War ◽  
World War ◽  
The West ◽  
Clear Cut ◽  
War Crimes Trials ◽  
The Korean War ◽  
National Leaders ◽  
Second World

Abstract In the Korean War of 1950-53, U.S. authorities were determined to pursue atrocities perpetrated by North Korean and Communist Chinese forces through legal channels, in keeping with the standards they believed they had set after the Second World War. Yet, their plans foundered in Korea, despite extensive groundwork for prosecutions. Four factors were responsible. First, it was difficult to find reliable evidence and to identify and apprehend suspects. Second, U.S. officials rapidly lost confidence in the idea of prosecuting national leaders. Third, the lack of clear-cut victory in the conflict necessitated a diplomatic solution, which was incompatible with war crimes trials. Fourth, the moral standing of the West, and hence its authority to run trials, was undermined by the large number of atrocities committed by the United Nations side. Thus, the U.S. plan for war crimes trials was dropped without fanfare, to be replaced by an anti-Communist propaganda campaign.

scholarly journals Culture and understanding in the Singapore war crimes trials (1946–1948): interpreting arguments of the defence

2016 ◽  
Vol 14 (01) ◽  
pp. 87-109
Author(s):  
W.L. Cheah
Keyword(s):  
War Crimes ◽  
Second World War ◽  
World War ◽  
Beliefs And Practices ◽  
British Military ◽  
War Crimes Trials ◽  
Defence Counsel ◽  
Culturally Influenced ◽  
The Uk ◽  
Second World

Abstract After the Second World War, the British military organised 131 war crimes trials in Singapore, which served as the base for British war crimes investigations in Asia. These trials brought together diverse participants-judges and counsel from the UK, India, and other Allied countries; accused persons from Japan, Korea, and Taiwan; defence counsel from Japan; and witnesses from all over Asia. The majority of defendants in these trials did not deny their involvement in the war crimes concerned; instead, these defendants argued that their conduct was consistent with Japanese norms, beliefs and practices. This article explores trial participants' varied and contested interpretations of the culturally influenced arguments put forward by the defence.

The identification of medical aircraft in periods of armed conflict

1982 ◽  
Vol 22 (229) ◽  
pp. 202-215 ◽  
Author(s):  
Philippe Eberlin
Keyword(s):  
Armed Conflict ◽  
Second World War ◽  
World War ◽  
Geneva Conventions ◽  
Technological Developments ◽  
Second World ◽  
Visual Range

Since the end of the Second World War, technological developments in armaments have produced increasingly sophisticated weapons. The most dangerous of these for air transports protected by the Geneva Conventions of 12 August 1949 are remote controlled missiles equipped with homing devices, the operating raduis of which exceeds the visual range of the protective emblems recognized by these Conventions and carried by medical aircraft. The visual range of the emblem is frequently much less than 1,000 metres.

La citoyenneté et la construction de l'Europe : discussions théoriques

Res Publica ◽  
1994 ◽  
Vol 36 (3-4) ◽  
pp. 361-380
Author(s):  
Paul Magnette
Keyword(s):  
Second World War ◽  
Point Of View ◽  
Nation State ◽  
The European Union ◽  
World War ◽  
Dual Nature ◽  
European Citizenship ◽  
History Of ◽  
The One ◽  
Second World

This paper examines the evolving ideological content of the concept of citizenship and particularly the challenges it faces as a consequence of the building of the European Union. From an epistemological point of view it is first argued that citizenship may be described as a dual concept: it is both a legal institution composed of the rights of the citizen as they are fixed at a certain moment of its history, and a normative ideal which embodies their political aspirations. As a result of this dual nature, citizenship is an essentially dynamicnotion, which is permanently evolving between a state of balance and change.  The history of this concept in contemporary political thought shows that, from the end of the second World War it had raised a synthesis of democratic, liberal and socialist values on the one hand, and that it was historically and logically bound to the Nation-State on the other hand. This double synthesis now seems to be contested, as the themes of the "crisis of the Nation State" and"crisis of the Welfare state" do indicate. The last part of this paper grapples with recent theoretical proposals of new forms of european citizenship, and argues that the concept of citizenship could be renovated and take its challenges into consideration by insisting on the duties and the procedures it contains.

Philosophical Ideas of Yanaihara Tadao:Nationalism, Pacifism and the Concept of the “Just War”

2021 ◽  
pp. 187-197
Author(s):  
Anna D. Bertova ◽  
Keyword(s):  
Just War ◽  
Second World War ◽  
Point Of View ◽  
The Other ◽  
Historical Period ◽  
World War ◽  
Postwar Japan ◽  
State Of Affairs ◽  
The One ◽  
Second World

Prominent Japanese economist, specialist in colonial politics, a professor of Im­perial Tokyo University, Yanaihara Tadao (1893‒1961) was one of a few people who dared to oppose the aggressive policy of Japanese government before and during the Second World War. He developed his own view of patriotism and na­tionalism, regarding as a true patriot a person who wished for the moral develop­ment of his or her country and fought the injustice. In the years leading up to the war he stated the necessity of pacifism, calling every war evil in the ultimate, divine sense, developing at the same time the concept of the «just war» (gisen­ron), which can be considered good seen from the point of view of this, imper­fect life. Yanaihara’s theory of pacifism is, on one hand, the continuation of the one proposed by his spiritual teacher, the founder of the Non-Church movement, Uchimura Kanzo (1861‒1930); one the other hand, being a person of different historical period, directly witnessing the boundless spread of Japanese militarism and enormous hardships brought by the war, Yanaihara introduced a number of corrections to the idealistic theory of his teacher and proposed quite a specific explanation of the international situation and the state of affairs in Japan. Yanai­hara’s philosophical concepts influenced greatly both his contemporaries and successors of the pacifist ideas in postwar Japan, and contributed to the dis­cussion about interrelations of pacifism and patriotism, and also patriotism and religion.

scholarly journals Clausewitz and la pensée 681*

2018 ◽  
Vol 1 (1) ◽  
pp. 49-59
Author(s):  
Éric Alliez ◽  
Maurizio Lazzarato
Keyword(s):  
Gilles Deleuze ◽  
Second World War ◽  
The Other ◽  
Constitutive Relationship ◽  
Felix Guattari ◽  
World War ◽  
Radical Critique ◽  
Revolutionary Movements ◽  
The One ◽  
Second World

Abstract In the aftermath of the Second World War, revolutionary movements remained dependent on Leninist theories and practices in their attempts to grasp the new relationship between war and capital. Yet these theories and practices failed to address the global “cold civil war” represented by the events of 1968. This article will show that in the 1970s this task was not undertaken by “professional revolutionaries” or in their Maoist discourse of “protracted war” and its “generalized Clauzewitzian strategy.” Rather, the problem was addressed by Michel Foucault, on the one hand, and Gilles Deleuze and Félix Guattari, on the other. Each produced a radical break in the conception of war and of its constitutive relationship with capitalism, taking up the confrontation with Clausewitz to reverse the famous formula such that war was not to be understood as the continuation of politics (which determines its ends). Politics was, on the contrary, to be understood as an element and strategic modality of the whole constituted by war. The ambition of la pensée 68, as represented by Foucault and Deleuze and Guattari, was not to make this reversal into a simple permutation of the formula's terms, but rather to develop a radical critique of the concepts of “war” and “politics” presupposed by Clausewitz's formula.

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