https://padlet.com/21buekers/tud29hpeavtr en-us 2019-03-20 17:56:56 UTC 2020-05-26 02:51:11 UTC hello@padlet.com 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343474314 A historian who wrote the book Choices Under Fire: Moral Dimensions of World War II, in which he examines the ethics of the Nuremberg Trials.]]> 2019-03-20 18:01:12 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343474314 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343475474 A German jurist and former general council to Nazi Germany's "mammoth enterprise," he was indicted at Nuremberg. Following his acquittal, he became a vocal critic of the trials.]]> 2019-03-20 18:03:23 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343475474 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343477013 An American prosecutor at Nuremberg who published an article in 1961 deconstructing Knieriem's arguments.]]> 2019-03-20 18:06:28 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343477013 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343493989 An American jurist and expert on international law who published a 1946 review of Nuremberg, preceding the official committee report.]]> 2019-03-20 18:37:45 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343493989 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343511654 2019-03-20 19:18:13 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343511654 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343511770 The London Charter, establishing and outlining the trials]]> 2019-03-20 19:18:29 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343511770 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343512304 Gale and ABC-Clio Database articles]]> 2019-03-20 19:19:47 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343512304 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343531253 One of the main four defenses of the Nazi accused was that the "crimes against humanity" charge was a new concept, created after the war's end. Therefore, Nazis could not have known what they were doing was illegal.]]> 2019-03-20 20:12:31 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343531253 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343532183 The 1945 Nuremberg Tribunal Charter § 6(c) created the charge "crimes against humanity," which outlawed inhumane acts against civilians and the persecution of religious/racial/political groups, regardless of national law when such acts were perpetrated ]]> 2019-03-20 20:15:17 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343532183 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343539390 Argues that there were no laws existing, German or international, that made Nazi actions illegal at time they happened. He believes that Nazis must be brought to justice for their horrible actions during the war but believes the only fair way to do this is through preexisting German law.]]> 2019-03-20 20:39:09 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343539390 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343540150 Understands that the charge was created retroactively but believes it was a necessity. Otherwise, there would be no way to prosecute Nazis for the atrocities of the Holocaust.]]> 2019-03-20 20:42:15 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343540150 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343544504 Argues that this charge was somewhat justified by existing international agreements but recognizes that wordings were stretched beyond a typical amount. He notes that Nazi crimes were not clearly defined before the war and contends that nullum crimen sine lege is basic principle of law.]]> 2019-03-20 20:57:40 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343544504 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343548542 2019-03-20 21:12:39 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343548542 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343574863 2019-03-20 23:16:18 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343574863 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343575145 2019-03-20 23:17:47 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343575145 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343575479 The Nuremberg Tribunal Charter § 2 places four judges on the tribunal, one from each of the major Allied powers (US, UK, USSR, and France) who were all (obviously) were from the winning side]]> 2019-03-20 23:19:25 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343575479 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343576411 Instead of trying to defend their horrific actions in court, many defendants tried to undermine the tribunal itself, claiming it to be biased and an example of victor's justice since Allied judges presided over it. ]]> 2019-03-20 23:24:48 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343576411 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343582089 Argues that letting Germans try themselves would result in the horrors of the Holocaust being left unavenged. Additionally, since Nazi actions were legal under German law, he thinks it would be impossible for the Nazis to be brought to justice under lex loci.]]> 2019-03-20 23:59:54 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343582089 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343602976 Acknowledges some legitimacy to the "victor's justice" claim, as he believes the Allies not being tried for similarly horrific acts (e.g. bombing civilians, Soviet POW camps, Katyn Forest massacres) is extremely unfair and violates the principle of tu quoque.]]> 2019-03-21 01:55:07 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343602976 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343609305 Believed the only fair tribunal would be one composed of Germans,  as the rest of the world would simply impose attributive justice. He argues that the Allied tribunal was both unfair and illegitimate.]]> 2019-03-21 02:33:24 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343609305 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343610193 2019-03-21 02:38:49 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343610193 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343610785 The Nuremberg Tribunal Charter § 19 calls for as much nontechnical procedure as can be implemented, allowing the court to use any evidence it deems of value and specifically not binding the tribunal to technical evidence]]> 2019-03-21 02:42:37 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343610785 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343613590 This clause made the tribunals very different from those typical of Western Powers, as it removes basically any restrictions on evidence, which led to the use of purported testimonies]]> 2019-03-21 02:58:17 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343613590 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343615009 Criticizes the tribunal for allowing the prosecution's use of hearsay or presumed facts as evidence, which was then accepted as fact by the judges. To him, such use of highly questionable information would disqualify any typical court as legitimate.]]> 2019-03-21 03:07:36 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343615009 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343618701 Argues that, since the trials had no precedents to act off of and were instead creating them, some procedural faults are excused. Further, even, international law is formed differently than is national, meaning such differences are bound to exist.]]> 2019-03-21 03:26:51 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343618701 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343621901 Recognizes that the trials were created to bring the Nazi regime to justice, as a result of public outcry against the atrocities it committed. Therefore, in the completion of such an immense goal, certain imperfections can be overlooked.]]> 2019-03-21 03:48:24 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343621901 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343626238 2019-03-21 04:20:55 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343626238 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343626339 The Nuremberg Tribunal Charter § 6 enables the tribunal to try any person acting in Axis’ interest, individually or as part of a group. It goes on to list the specific crimes under the jurisdiction of tribunal, for which any perpetrator can be held individually responsible.]]> 2019-03-21 04:21:49 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343626339 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343629588 Before the London Charter, no international body capable of administering justice in such a manner existed. As a result, a common Nazi defense was that the tribunal didn't hold the jurisdiction to try people for the crimes laid out in its charter.]]> 2019-03-21 04:47:52 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343629588 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343630954 Argues in favor of lex loci, as he believes that German law should punish crimes committed on German soil, which the Allies have no legal jurisdiction over. He thinks that, since prior international law made no mention of the individual, it is incapable of resulting in indictments.]]> 2019-03-21 04:58:30 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343630954 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343634493 Argues that the Allies have the full right to set up the tribunal, as their provisional government has sovereignty over Germany. He thinks that the crimes under old German law Knieriem references as capable of trying Nazi war criminals fail to fully capture the extent of their actions during the war.]]> 2019-03-21 05:37:50 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343634493 21buekers https://padlet.com/21buekers/tud29hpeavtr/wish/343635554 Decides the argument that the trials were illegitimate because they were international is invalid. With Germany's surrender, he contends, its government was dissolved, making it impossible to try Germans under a nonexistent legal system. ]]> 2019-03-21 05:48:19 UTC https://padlet.com/21buekers/tud29hpeavtr/wish/343635554