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The Hidden Histories of War Crimes Trials$

Kevin Heller and Gerry Simpson

Print publication date: 2013

Print ISBN-13: 9780199671144

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199671144.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 December 2020

(p.455) Index

(p.455) Index

Source:
The Hidden Histories of War Crimes Trials
Publisher:
Oxford University Press
Ahrens judgment 201
Allied Commission 293
Allied Control Commission 436, 437, 438, 439–40, 441, 442, 449
Almelo trial 113–4, 116
Argentina
case law, ‘double classification’ of 382
Centro de Estudios Legales y Sociales 372
Dirty War 1976–1983 see Dirty War, Argentina, 1976–1983
disappeared 8, 368–9
Madres de Plaza de Mayo and 370, 373, 379
Malvinas War and 368, 370
military amnesties and 371–3
military junta 1976–1983 see Dirty War, Argentina, 1976–1983
politics of memory and 370
public apologies and 372
return to criminal prosecution 371
truth trials and 372
Armenian genocide 3, 4, 15 see also Ottoman Courts-Martial
acknowledgment of by Ottoman Courts-Martial 94–6
Allied Commission and 293
arrest and detention of suspects 293–4
as ‘forgotten genocide’ 80–2
casualties 291
crimes against humanity and 293, 297
denial of 78, 96
deportations and 78–9, 81, 99, 292
entry of Turkey into World War I and 80–1, 291, 297
fatalities 82
legislation legitimating 82
Ottoman Parliament and 85
recognition of at Paris Peace Conference 84
stages of 81
Treaty of Sèvres and 294–5
Attatürk, Mustafa Cemel 81
Auschwitz 104, 183, 184, 185, 189, 444
Australian military trials of the Japanese, 1945–1951
acquittal rate 343
as fair trial 345–7
admissible evidence at 333–5
civilians and natives and 360
Command Responsibility cases 334, 340, 341
emphasis on Asian war crimes victims by 350
Rabaul trials and 359–62
holding group trials 335–6
inconsistency in sentencing and 339–41
language difficulties of 328, 336–8
legislation governing 333, 353
classes of victims and 353–5, 357
resident in Australia and 354–9, 360
miscarriage of justice and 330
Morotai trials and 327, 329, 335, 336, 339, 340, 345–6, 349, 350, 352–3, 356, 360
participant accounts of 344
qualifications for presiding at 327
Rabaul trials 350, 355, 357, 359–66
request by Japanese for documentation of 349
research on 329–30, 349–50
review process as safety net and 341–3
right to try war criminals and 334
sex crimes and 330–2
summary justice and 330, 332, 333
universal jurisdiction and 351–2
victims as witnesses at 334
attitudes towards, Rabaul trials 362–6
‘victor’s justice’ and 343–7
Yoshio trial and 331–2
Bagaragaza, Michael 269
Baltic States see also Estonia; Latvia; Lithuania
codification of criminal law in 256
history of, post Russian Revolution to World War II 248–49
Nazi crimes in 251–4
occupation of 250
prosecution of crimes against humanity and genocide cases in 257–9
complaints of defendants to the European Court of Human Rights and 261–4
purge of legislation of distinctly Soviet offences 255
rewriting history and 266
Soviet crimes in 254–61
preparatory steps to trial of 254–7
war crimes prosecutions in 260–1
Bordeaux Trial 138 see also Oradour-sur-Glane massacre
Alsatian public opinion and 145, 148, 149, 155, 156
anti-insurgency and 143–4
as single trial 146–7
collectivization and moral hierarchy and 144–6
court and its procedure 140–3
(p.456) crimes against humanity and 143–4
departure from French criminal law principles by 149
dossier d’instruction and 141–2
inquisitorial nature of 141
joinder and disjoinder and 146–7
Law of Collective Responsibility 1948 and 142, 148, 152, 155–6
legacy of 156–8
legislation covering 147–8
orders, forced enlistment and duress and 150–5
organizational guilt and 148
politics and amnesty and 155–6
presumption of criminality and 150
pre-trial detention problems and 141
ratio of Alsatians and Germans on trial at 146
representation of victims at 142
role of judge in 141–2, 150
sentencing 154–5
youth and immaturity defence and 152
Bureau Ehrhardt 196–7, 199
cartels, Germany 167, 170, 175–6, 190
Centro de Estudios Legales y Sociales, Argentina 372
Charles (the Bold), Duke of Burgundy 13–14, 21–2, 29, 30, 31, 34, 37, 38–41, 43, 47, 48 see also Hagenbach, Peter von
Austria, Switzerland and Alsace and 23–5
conflict with Louis XI 22–3
Chelmno gassings 415
Citivella case
as action against foreign state within a criminal proceeding 221
developments following 225–7
International Court of Justice findings on 227–8
Italian Supreme Court’s notion of state immunity and 222–5, 227
Civitella massacre 215, 217–20 see also Italian Supreme Court
motivation for 217
survivor memories of 217–9
Chieng-Kiem
handover of by British to Siam 52
Commission on Responsibility of the Authors of the War and on Enforcement of Penalties see Allied Commission
Commission to Counter Attempts to Falsify History to the Detriment of Russia’s Interests 7
Concentration Camp Mathausen see also Spanish Kapos trials
arrivals of Spanish at 118
as criminal enterprise 107, 120
mass atrocities and 107
Constitutional Court of Bosnia and Herzegovina 281
Repak and 280, 281
Constitutional Court of Hungary
crimes against humanity and 232
principle of constitutionality and 245
prosecution of crimes from 1956 revolution and 233–4, 239–44
prosecution of international crimes and 232
statute of limitations and 231–2
Continuation War (Finland-Soviet Union) 8, 432, 434, 435, 436, 439
core international crimes 267 see also crimes against humanity
autonomy of judicial procedures in domestic prosecution of 283
citizenship status of accused and 279
country of atrocities and 279
extradition of citizens and 285
jury trial and 282–3
universal jurisdiction and 268, 279
crime of aggression 428
as leadership crime 397
definition of 5, 387, 391–5
who can commit 395–8
crimes against humanity 14, 16, 18, 139, 278 see also core international crimes
as an extension of war crimes 237
Armenian genocide and 293, 297
Bordeaux Trial and 143–4
Estonian legislation and 255–6
Ethiopia 303–4
Hagenbach Trial and 44–6
Hungarian revolution, 1956 and 237–9, 242–244, 246
Hungarian Constitutional Court and 232
Latvian legislation and 255
Ottoman Courts-Martial and 83
prosecution of in Baltic States 257–9
Repak and 275, 277
systematic commission and 238–9
crimes against peace 437, 439, 444
customary international law 258
in domestic European criminal proceedings 243
universal jurisdiction over aggression and 405–8
customary law
as automatic part of Hungarian legal system 232
crime of aggression and 402–3
customary norms
international law and 223–5, 227–8, 278
Dachau parent case 113
De Gaulle, Charles 123, 128, 130, 131, 134
Bordeaux Trial and 156, 157
view on Pétain trial 129
(p.457) Derg 290, 303 see also Ethiopian Red Terror domestic trials
abolition of imperial regime by 308
Ethiopian famine and 301
evidence against 312–13
formation of 300
membership, criminal charges and 306–7, 313, 317–18, 319, 321, 322, 323
victims of 300–1
Devawongse, Prince 55–6, 57, 74
Dirty War, Argentina, 1976–1983 8, 370
disappeared (desaprecidos) 8, 368–9, 371
documentation and 369
ethics of memory and 371
memorial jurisdiction of crime and atrocity and 368, 375–80
memory politics in response to 369
number of criminal proceedings related to 373
stolen identity crimes 372
Videla and 374–5
Dubois, Josiah 165, 174, 181, 183, 186–7, 189
due process
Baltic States trials and 261
Eisentrager and 196
Franco-Siamese Mixed Court and 72–4
Hagenbach Trial and 48
Spanish Kapos trials and 110, 120, 121
‘economic’ case, Nuremberg 163–4, 168–73
Eisentrager, Lothar 197, 200
Eisentrager case 4, 193–211
Ahrens judgment and 201
arguments for dismissal of case 198
Bureau Ehrhardt and 196–7, 199
due process and 196
factual background 196–8
habeas proceedings in lower courts and 200–2
implications of 209–10
jurisdictional objection in 198, 202
jurisprudential background of 195
military commission’s rulings and 198–200
Scuttled U-Boat Case and 199
Supreme Court decision in 206–9
underlying military proceedings and 194–5
unique nature of proceedings 196
Estonia see also Baltic States
crimes against humanity and genocide prosecutions in 257–8
legislation dealing with crimes against humanity and 255–6
Ethiopia
opposition parties in 313, 315
Special Prosecutor’s Office 302, 303, 308, 313, 316, 321
appeal of sentencing decisions by 321–2
limitations of mandate 310
Red Terror campaign and 300, 307–10
casualties 301, 308–9
Ethiopian People’s Revolutionary Party 313, 315
Ethiopian Red Terror domestic trials 290 see also Mengistu trial
accused 312
background to 310–2
charges 312–16
choice of domestic or international law by 302–3
Derg membership, criminal charges and 306–7, 313, 317–18, 319, 321, 322, 323
documentation and 310, 311–12, 323
dispersal of trials 303, 310–11
filing of charges by 302–3
individual criminal responsibility and 323
international input to 311, 323
language of 311, 323
notion of planning and 320
objections to charges 316–18
Extraordinary Court Martial, Turkey
establishment of 296–7
indictment 297
judgment and sentence of 298
key trials of 297–300
Ittihadist and wartime cabinet ministers 299
Trabzon trials 298
Yozgat trials 91, 298
reasons for lack of research on 299–300
Farben case see IG Farben case
Ferrini, Luigi 221
Ferrini case 222–3, 225
Finland
Allied Control Commission and 436, 437, 438, 439–40, 441
Continuation War and 8, 432, 434, 435, 436, 439
Lapland war and 433
separate war and 434–5
treatment of Soviet POWs by 433, 434, 447
Tripartite Pact and 434
Winter War and 432–3, 434, 436, 440
World War II and 431–3
public apology and 444
Finnish War-Responsibility Trial 1945–1946 430
Allied Control Commission and 439, 442, 449
annulment requests and 431, 443, 446
charges 438–9
controversy surrounding 441–3
crimes against peace and 437, 439, 444
criticisms of 442
historical understanding of the past and 446–7
(p.458) international criminal justice and 448–9, 453
law establishing 435–8
sentences 440–1
Flick, Friedrich 180, 183
Flick case 179, 180–1, 184
France
applicability of war crimes to nationals 146–7
claims to the Mekong 51–2
Cour de Cassation 115, 141, 147, 149, 150, 243
épuration post World War II 123, 125–7, 141
Haute Cour de Justice 127
ultimatum to Siam, 1893 53–4, 55
Franco-Siamese Convention 1893 51, 56
Franco-Siamese Mixed Court 51, 55, 56 see also Phra Yot Trial
as international entity 70–71
assessment of 69–75
bill of indictment of 65–6
birth of international due process and 72–4
character of 70–2
cultivation of new substantive norms and 74–5
jurisdiction and rules of 64–6, 71, 73–4
law of war and 70–1
sentence of 68–9, 73
verdict of 67–9
witness testimony before 67, 73–4
French collaboration trials see also épuration
acts committed under Vichy regime and 125
ambiguities of process of 131–2
application of Criminal Code by 124–5
collaborator types 124
Comité Général des Etudes 123
Comité National Judiciare 123
general context of 123–4
national indignity offence and 123, 125–7
legal basis for 124
legislation covering 123–4, 125
lessons from 132–6
partiality of 131–2
persecution of Jews and 135
principles of legality and 133
procedural fairness and 132, 134
prosecution narrative goals 129–31
status of Allied troops and 125
symbolic dimension of 128–9
genocidal intent
Baltic States and 269
genocide see also core international crimes
Armenia see Armenian genocide
Ethiopia 302–3, 306, 313
Greiser case and 412
legislation, Baltic States 255–6
prosecutions, Baltic States 257–9
Germany
‘aryanization’ of 171, 180
cartels 167, 170, 175–6, 190
reaction to Citivella decision 225–7
slave labour and 171, 173, 183–6
Göring, Herman 170, 171, 172–3, 445
Greiser, Arthur 5, 411
as first person convicted of waging aggressive war 412
as Gaultier of Warthegau 414–15
resettlement of Poles and Jews and 415
attitude to Jews 413
authorization letter and 414
biography 413–17
Final Solution and 415
genocide and 412
Nazism and 413–14, 416
Greiser trial 417–24 see also Supreme National Tribunal of Poland
as undertold story 412
citation of 425–6
defence 420–1
evidence at 420
indictment 418–20
judgment 420–4
jurisprudential legacy of 424–8
opening of 418
sentence 420
witnesses at 420
Grosgurin, Inspector 52–3, 59, 61, 62, 67
habeas corpus see Eisentrager case
Hadamar trial 113
theory of the direct interest and 116
Hagenbach, Peter von 6, 12, 16 see also Charles (the Bold), Duke of Burgundy
arrest, inquisition and torture of 31–2, 48
biography 25–6
demonic portrait of 26–8
downfall of 30–7
execution of 36–7
historiography and 19–21
legacy of 38–41
points of consensus in historical record and 21–6
revisionist portrait of 28–30
Hagenbach Trial 32–6, 75–6
aftermath of 37–8
analogy to Nuremberg 15–17
as first international war crimes trial 13–16, 18, 41–4
confession under torture and 35
crimes against humanity and 44–6
defence argument 34–5
fairness of 48
historical record and 44–6
historiography and 19–21
(p.459) history and 21–38
indictment 33
international criminal law perception of 14–18, 47, 49
legacy of 48–9
motion to withdraw charges 35
opening statement 34
superior orders defence and 16–18, 35, 44
Herman Göring Division 215, 217, 220
High Command case 16
Hitler, Adolf 139, 140, 147, 152, 164, 165, 167, 170, 172, 173, 187–8, 416
Hitler Youth 140, 151, 152
Holocaust 135, 163, 168, 299, 415
Holy Roman Empire 14, 16, 21, 23, 41, 42, 49, 140
Hungarian historical justice trials 229, 237
Hungary
Constitutional Court see Constitutional Court of Hungary
crimes against humanity and 237–9, 241–4, 246
initiation of criminal investigations 231
post World War II political history 229–31
reliance on international law for criminal prosecution 232
war crimes trials related to 1956 revolution, jurisprudence of 234–7
IG Farben 165–6, 170, 188, 191
IG Farben case 165–6, 179, 181–2, 185, 186, 189, 190, 429
indignité nationale 123, 125–7
definition 125–6
legal justification of 126
Industrialist cases, Nuremberg 164, 165, 178–91
International Criminal Court 133, 236, 267, 382, 387, 431, 448, 450, 453
international criminal justice
Finnish War-Responsibility Trial, 1945–1946 and 448–9
expectations of 451
inquisitorial style and 141
local jurisdiction and 6, 8
international criminal law
as ‘commodified morality’ 191
as element of capitalist imperialism 164
as law 382
classification of crime and 383
criminological approach to 445–6
Hungarian historical justice trials and 229, 237
perception of Hagenabach Trial and 14–18, 47, 49
role in world politics 163
state immunity, Citivella case and 222
universal jurisdiction and see universal jurisdiction
international criminal lawyers
methodological and conceptual difficulties and 122–3
International Criminal Tribunal for Rwanda 133, 236, 269, 311, 317, 320, 323, 383, 425, 453
International Criminal Tribunal for the Former Yugoslavia 18, 133, 236–7, 272, 307, 317, 320, 323, 382, 383, 425, 453
jurisdiction 280
international military tribunals
establishment of, post World War I 15
influence of Pal on 328–9
jurisdiction over war criminals and 351–9
International Military Tribunal at Nuremberg 300, 307, 390
analogy to Hagenbach Trial and 15–17
Charter 184, 237, 257, 258, 265, 351, 395–6, 397, 411, 436, 439, 444
convictions, challenges in US Supreme Court 200–1
‘economic case’ 163–4, 168–73
criticism of 171
economic causes of World War II and 165–73
Flick case 179, 180–1, 184
High Command case 16
IG Farben case 165–6, 179, 181–2, 185, 429
indictment-drafting committees of 170
industrialists case 164, 165 177–8
aftermath of 187–91
as théâter de l’absurde 178–80
excessively conciliatory language and 180–2
facts and charges not proved 182–4
necessity as defence contrary to Nuremberg principles and 184–5
sentences 186–7
slave labour and 171, 173, 183–6
Justice case 186
Krupp case 179, 185–6, 429
‘McCloy clemency’ and 165, 190
Ministries case 16, 43, 186
Pohl case 186
Polish national prosecutors and 411
International Military Tribunal of the Far East 300, 328–9, 348, 390
Charter 351, 392
criticisms of 348
omission of zaibatsu trials at 163, 165
Iraqi Special Tribunal
establishment of 290
Italian Military Court of La Spezia
judgment on Civitella massacre case 216, 220–1
Italian Supreme Court 216
accountability for Civitella massacre before 220–1
notion of principle of state immunity and 222–5, 227
(p.460) Ittihad Party 80–1, 85, 89, 96–7, 295, 296, 299 see also Extraordinary Court Martial, Turkey
Jackson, Robert 169, 170, 171–2, 177–8, 194–5, 196, 200, 206–10, 265, 422
jus de non evocado 18
Justice case 186
Kapos 104–5
Katyn massacre 265–6
Kham Muon 1, 48
Affair of 55, 58, 61, 64, 67
assassination of Grosgurin and 52
Kononov, Vasily 7, 260–1, 262
Kononov case 133, 261, 264, 266
Krupp, Alfried 170, 171–2, 185, 190
Krupp, Gustav 171–4
Krupp AG 180, 185
Krupp case 179, 185–6, 429
Latvia see also Baltic States
legislation dealing with crimes against humanity and 255
crimes against humanity and genocide prosecutions in 258
Laval, Pierre 7
trial of 127–32
law of armed conflict 227, 253, 257, 260–1, 263–4
League of Constance 30, 32, 37, 41, 43
League of Nations
Ottoman Courts-Martial and 83–4
Le Myre de Vilers, Charles, 53, 54–5, 56, 57, 60, 64, 73
Lithuania see also Baltic States
legislation dealing with responsibility of genocide in 255
crimes against humanity and genocide prosecutions in 258
London Agreement 140–1, 149, 411, 436, 436, 437, 439, 444, 446
‘McCloy clemency’ 165, 190
macquis, 139, 143–4, 152–3
Madres de Plaza de Mayo 370, 373, 379
Marshall Plan 176
memory
collective 431
ethics of 370
mediation on, El secreto de sus ojos and 376
narrative, paradox of 381
politics of 370–1
Mengistu, Haile Mariam 301–2, 304, 306, 312
Mengistu trial see also Ethiopian Red Terror domestic trials
affirmation of findings in 322
charges 303
concept of co-perpetration and 318–9, 323
criminal responsibility issues in 316–23
importance of 306–7
Ministries case 16, 43, 186
Missions Pavie 41–2
Morgenthau, Henry 82, 95, 167, 174–5
Germany Is Our Problem 167, 174
Morgenthau Plan 167–8, 174
‘Morgenthau Boys’ 168, 175
Morotai trials 327, 329, 335, 336, 339, 340, 345–6, 349, 350, 352–3, 356, 360
myth of war 7
Soviet and Russian 265–6
Nagy, Imrin 230
Nazi-Soviet Treaty of Non-Aggression 1939 249
non-international armed conflict
determination of 235–6
Hungarian revolution, 1956 and 240–1
Norway
Bagaragaza trial and 269, 277
legislation prohibiting core international crimes 269–71
prosecution of core international crimes by 269–70, 271
Supreme Court of see Supreme Court, Norway
Nuremberg Judgment 133, 141, 263
participation in a criminal organization offence and 149
‘Operation Paperclip’ 175
Oradour-sur-Glane massacre 137–8
as joint criminal enterprise 148
historiography and contextual problems of 138–40
Limousin and Alsace and 139–40, 145–6
military orders committed under 143
motiviation fpr 143–4
trial see Bordeaux Trial
Ottoman Courts-Martial 78 see also Armenian genocide
academic analysis of 79–80
acceptance of by local population 91–2
acknowledgement of genocide by 94–6
aims of 87
Allies joint declaration and 83, 85
basis of legal proceedings 87
classes of perpetrators before 89
crimes against humanity and 83
demise of 98–9
establishment of 85–8
evidence before 93
Fifth Committee of the Ottoman Chamber of Deputies and 86
indictments from 79, 87, 93
Key Indictment 89
(p.461) League of Nations and 83–4
main series of trials within 88
Mazhar Inquiry Commission 86
operation of 88–92
political context of 96–7
records of 92–4, 100
relationship to peace treaty 84, 97
Responsible Secretaries trial 90
trials focusing on provinces 90–1
Yozgat Officials trial 91, 281
Ottoman State Special Military Tribunal see Ottoman Courts-Martial
Pal, Radha Binod 328–9
Pavie, August 51–2, 57–8, 60, 61
Pétain, Philipe 7, 134, 140
trial of 127–132
Phra Yot 52, 55–7
charges against 59–60
death of Grosgurin and 62
protest letters to French by 61–2
Phra Yot Trial
before National Tribunal 57–63
courtroom culture and 59–61
creation of Special and Temporary Court 57–8
public opinion on Special Court verdict and 64
re-trial before Mixed Court see Franco-Siamese Mixed Court
superior order defence and 63
vindication of by Special Court 61–3
Pohl case 186
post-conflict justice
definition 122
post-conflict trials
legal dimension of 133–4
narrative function of 134–6
relationship to history 135
Potsdam Agreement 167, 177
principle of legality 449–50
Prisoner X 6
Rabaul trials 350, 355, 357, 359–62
attitudes to Asian witnesses at 362–6
charges 359–60
rape
as a war crime, Hagenbach Trail and 13, 15, 18
Red Spaniards 117–18
Repak, Mirsad 6, 271–2
charges against 272
sentence 275–6
Repak trial 273–4
Supreme Court judgments and 274–6, 277–8
Riga trials 251–2
Rolin-Jaequemyns, Gustav 54, 56–7, 74
Sakai, Takashi 5, 387–8, 389–90, 409
crime against peace and 390
Sakai trial 8, 409
archives of 388–9
jurisdiction 399
participation in war of aggression and 395
Schwarzenburger, Georg
analogy between Nuremberg and Hagenbach tribunals and 15–16
Scuttled U-Boats case 199
El secreto de sus ojos (The Secret in Their Eyes) (film) 8, 368
as mediation on memory 376
constitutive delay and 380
contribution to international criminal justice 375
instability of memory and 379
narrative 375–7
Siam
French claims to the Mekong and 51–2
ultimatum from France, 1893 and 53–4, 55, 56
Siamese Special Court 51
Spain
neutrality of in World War II 112
Spanish Kapos
internment of in concentration camps 104
trials against see Spanish Kapos trials
Spanish Kapos trials see also Concentration Camp Mauthausen; United States military courts in Dachau
accusations against 110–11
as challenge to US military courts’ jurisdiction 112
as subsequent cases 108, 109
charges against 108–9
definition of Kapos and 109–10
due process and 110, 120, 121
lack of interest by Spanish government in 110
language issues and 110, 120
nationals of neutral states and 116–17, 120
theory of the direct interest and 116
universal jurisdiction and 115–17, 121
Spanish Republican Army veterans
not of Spanish nationality 117–19
protection from foreign states and 119
World War II service of 104
Special Court for Sierra Leone 289, 311, 425
Special Prosecutor’s Office, Ethiopia 302, 303, 308, 313, 316, 321–2
state immunity, doctrine of
Civitella case and 222–5, 227
statute of limitations
Constitutional Court of Hungary and 231–2
Supreme Court of Norway and 275
Sturdee, Vernon 330, 331, 342–3
(p.462) superior orders defence
Bordeaux Trial and 150–1, 154
Hagenbach Trial and 16–18, 35, 44
Phra Yot Trial and 63
rejection of 15
Supreme Court, Norway
Repak appeals and 274–6, 277
Supreme Court, United States of America
challenges to Nuremberg decisions in 200–1
collateral review of courts-martial and 204–5
collateral review of military commissions and 205
collateral review of state court convictions and 202–3
scope of collateral habeas and 202–5
Supreme National Tribunal of Poland 411
assessment of 417–8
composition of 418
jurisdiction 417
Tadic, Dusko 18
Taylor, Telford, 16, 44, 173, 177, 180, 187, 189, 412
theory of the direct interest 116
Tokyo International Tribunal see International Military Tribunal of the Far East
transitional justice 122, 146, 370
Trabzon trials 298
trial narratives
consolation and 2–3
pedagogy and 6–9
pedigree and 5–6
recovery and 3–5
Truman, Harry 171, 175
Truman Doctrine 175
Turkey see also Armenian genocide
Administration Inquiry Commission and 296
attempts to counter national myth of Armenian genocide 79
entry into World War I, Armenian genocide and 80–1, 291, 297
Extraordinary Court Martial see Extraordinary Court Martial, Turkey
motion for trial of cabinet ministers 295–6
Paris Peace Conference and 292–3
Select Parliamentary Investigation Committee and 296
Treaty of Sèvres and 294–5
Union of Soviet Socialist Republics
crimes in Baltic States 254–64
war crimes commissions of 251–4
United States of America
Constitution
extraterrestrial scope of, Eisentrager and 193–4, 201, 206
Suspension Clause 194, 202
habeas review of courts-martial and 196
non-citizens’ Fifth Amendment rights and 194
‘Restatement of Policy on Germany’ 175
role as leader of the free world, Nuremberg Tribunal and 164, 168
turnaround in foreign and economic policy, post-World War II 164
view on causes of World War II 165
United States military courts in Dachau
authorization of 105–6
parent cases 106
Spanish Kapos trials, as challenge to jurisdiction of 112
subsequent cases 106
universal jurisdiction
assertion of 278
Australian military trials of the Japanese, 1945–1951 and 351–2
core international crimes and 268, 279
customary international law and 405–8
development of 103
international law and 268
law of 268–9, 281
Norwegian legislation governing 270–1
over aggression, international law and 405–8
reasons for lack of employment of by states 268–9
Spanish Kapos trial and 115–17
Spanish neutrality and 112
‘State which has jurisdiction’ and 403–5
stateless persons and 117–19, 121
war crimes trials and 114, 351
victor’s justice 5, 69, 164, 187–91, 430
Australian military trials of the Japanese, 1945–1951 and 343–7
Videla, Jorge 368, 371–2
2010 trial of 373–4
Videla case 369, 375, 379, 382
Vyshinsky, Andrey 7
Waffen SS 139, 143, 147
Alsatian membership of 151–2, 153, 158
war crimes see also core international crimes
crimes against humanity and 237, 240
Ethiopia 304
Finland 435, 437
France, applicability to French nationals 146–7
Hungary, 1956 Revolution and 232–7
neutrality and, Spanish Kapos trials and 115
prosecutions, Baltic States 260–1
rape, Hagenbach Trial and 13, 15, 18
Treaty of Lausanne and 84
(p.463) World War II
economic causes of, 167
Nuremberg Tribunal and 165–173
economic history of 163
imperialist nature of 164
Italian massacres during 216
view of Soviet leadership on 167
Yoshio, Yaki 331
Young Turks see Ittihad Party
Yozgat trials 91, 298
zaibatsu 163, 165, 187
Zyklon B case 113–14, 116, 188