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View Diary: The sunlight of a public trial (118 comments)

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  •  That would have been against the Geneva... (none)
    ...convention, too (back when we cared about such things).  The conflict was over, therefore all prisioners of war should have been released.

    I've never heard of this before.  I smell BS.

    •  This Never Happened (4.00)
      I believe the above writer may be mistaken.  There was no imprisonment of all Nazi soldiers.

      I suspect the writer may be confused by the attempt by the Nuremburg prosecution to have proof of membership in the SS considered primie facie evidence of guilt of crimes against humanity.  Justice Jackson and his prosecutors tried to convince the Nuremburg tribunal that Nazis could be convicted of crimes against humanity merely by proof of membership in the SS.  Once the prosecution proved a defendant belonged to the SS, the burden would have shifted to the defendant to prove his innocence of the charge.

      The Nuremburg judges ruled for the German defense team on this issue.  Towards the end of the war Germans were drafted into the SS as well as the Wehrmacht.  Other SS units maintained their original function as body guards.  The tribunal ruled that any prosecutor had to present actual proof that the defendant committed or ordered crimes against humanity - merely being in the SS was not enough.

      The Nuremburg tribunal was in my book the highpoint of creating an international system to enforce justice and world peace.  Too bad the Bush-Chaney-Rove regime thumbs its nose at the Hague tribunal, and violated the other of the two charges levied against the Nuremburg defendants - conspiracy to launch agressive war.

      •  Hague tribunals (none)
        My problem with the Hague tribunals, especially the one with Slobodan Milosevic, is that it is so damn slllooooww.

        What has it been, five years since that trial started? Haven't some of the judges and lawyers died during the case, causing even more delays?  Ridiculous. Didn't the Nuremberg trials take just months?

        If there is going to be an international war crimes court, at least make it speedy and effective. Trials that drag on for years are not the answer.

      •  Hell, even the Pope was SS. (none)

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