PHILOS 3Q03 Chapter 4: Law of the Case [ Required Reading Summary ]
8 May 2018
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Law of the Case - Reading
Facts of the Case
-After the crimes of the generals and nazi leaders were conveys, questions on how to judge
them arose
-The Law is not only to govern little men, but rulers and kings as well
-Following instruction of president Roosevelt, President Truman created a proposal which the
Tribunal uses as their Charter today
-The charter was created from the essence of Just ideologies, and the will of 18 countries
-However since this was created after the Nazi leaders were caught, the new law that has no
prior authoritative role, and was missing when the accused were comment the crimes may be
challenged the the Nazi criminals. (the law didn’t exist when I did the crime, it’s unfair now)
-In a Nazi Naval Document, it opened by saying we want to follow international law, “however,”
if we come across an opportunity to further our agenda, and the act is considered warfare, we
just don’t care about the international laws anymore.
-the Nazi evoked law when it helped them, and condemned the ones that hurt them
-First and Second indecent >> Planning and waging War’s of aggression violating the 9
treaties that Germany was a part of
-3rd count of inditement comes from the definition of war crimes; they branded Russian
prisoners, chained British prisoners, and killed commando prisoners
-4th count of inditement was from Crimes against humanity (Holocaust)
-Previous civilizations has doctrines like War Immunity, that excuses all acts of war from
legality, this idea was met was vast revolt
-1920’s outlawed Aggressive War
-the Briand-Kellogg pact of 1928 said international controversies will not revert to war to be
solved
-Geneva protocol in 1924 said all wars of aggression are an international crime
Main Reason for Decision
-there was no system of international law till this point, and there were too many loopholes in
the precedents used to be following those doctrines to solve the Nazi problem
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
After the crimes of the generals and nazi leaders were conveys, questions on how to judge them arose. The law is not only to govern little men, but rulers and kings as well. Following instruction of president roosevelt, president truman created a proposal which the. The charter was created from the essence of just ideologies, and the will of 18 countries. The nazi evoked law when it helped them, and condemned the ones that hurt them. First and second indecent >> planning and waging war"s of aggression violating the 9 treaties that germany was a part of. 3rd count of inditement comes from the de nition of war crimes; they branded russian prisoners, chained british prisoners, and killed commando prisoners. 4th count of inditement was from crimes against humanity (holocaust) Previous civilizations has doctrines like war immunity, that excuses all acts of war from legality, this idea was met was vast revolt.
