Polish trials concerning expulsions and the excesses?

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Molobo
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#16

Post by Molobo » 08 Aug 2005, 21:48

What legal acts of today? YOU came up with a US SC decision from WW2 to justify the expulsion AFTER WW2
Which is given in the report as example where military necessity can be a reasnoble justification of population transfer.
But I take you agree then now that there is nothing illegal in population transfer made on Poles and Germans after the war by Allied and Soviet forces ?
Btw since both Poles and Germans were subject to this transfer by occupying power-Soviet Union-it makes it harder to declare it ethnic cleansing.

Dexx
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#17

Post by Dexx » 08 Aug 2005, 22:03

Molobo wrote:
What legal acts of today? YOU came up with a US SC decision from WW2 to justify the expulsion AFTER WW2
Which is given in the report as example where military necessity can be a reasnoble justification of population transfer.
Molobo, I don't let you off the hook: One of your strongest legal arguments (US SC decision) is not applicable here due to facts I have stated. You can try to intelletually loop away, but without success.
But I take you agree then now that there is nothing illegal in population transfer made on Poles and Germans after the war by Allied and Soviet forces ?
Where did you get my agreement from? From what words? Please refer to them.
Btw since both Poles and Germans were subject to this transfer by occupying power-Soviet Union-it makes it harder to declare it ethnic cleansing.
How can you justify one ethnical cleansing with another one? Two wrongs don't make a right. As I have stated earlier: Humanity and human dignity is indefeasible without respect to the nationality. It seems like that this principle does not apply to you, because you want to justify ethnical cleansing with another one. Sad.

Btw, my initial questions ares still there. ;)


Molobo
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#18

Post by Molobo » 08 Aug 2005, 22:14

You can try to intelletually loop away, but without success.
You should address this to the authors of the report.They give it as example, not I.
Where did you get my agreement from? From what words?
Can you answer the question ?

How can you justify one ethnical cleansing with another one?
Since the population transfer wasn't discriminatory(it didn't target just one group) it is harder to classify as ethnic cleansing.
umanity and human dignity is indefeasible without respect to the nationality. It seems like that this principle does not apply to you, because you want to justify ethnical cleansing with another one. Sad.
Population transfer isn't ethnic cleansing.
You avoided answering this one :
They are no political organisations in Poland that demand apologies of population transfer from Ukraine, Belarus, Lithuania.
In Germany the organisation pressing such demands on Poland(6 milion casualites, 650 bilion $ of war losses) regulary is host to speaches from leading German politicians.
Why such difference ?
It is also worthy of note that Poles do not use the word "expelled" or "wypedzeni" in describing the issue of being moved from the homeland, or do not classify that as ethnic cleansing, the experience of German Reich genocide serving of example what defines an ethnic cleansing.

Dexx
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#19

Post by Dexx » 08 Aug 2005, 22:40

Molobo wrote:
You can try to intelletually loop away, but without success.
You should address this to the authors of the report.They give it as example, not I.
Well, you have highlighted the case from the report with a quote. Therefore, it must be the legal quintessence. If it had been otherwise, you would have taken another quote. Therefore, it is your example.
Where did you get my agreement from? From what words?
Can you answer the question ?
You wrote: " I take that you agree then now" (btw, strange English I don't fully understand). That is an assumption that I (according to you) have earlier agreed with you and that you only want me to accept again. Of corse posed as a question. Therefore, my response was: "Where did you get my agreement from? From what words?"
How can you justify one ethnical cleansing with another one?
Since the population transfer wasn't discriminatory(it didn't target just one group) it is harder to classify as ethnic cleansing.
Both are two different cases that were executed hundreds of kilometers away from eachother. You can't claim that the expulsion of the German population executed by Poles somehow justify the expulsion executed by Ukrainians or Russians. They are not linked with eachother: Expelling Poles doesn't necessarily mean expelling Germans.
umanity and human dignity is indefeasible without respect to the nationality. It seems like that this principle does not apply to you, because you want to justify ethnical cleansing with another one. Sad.
Population transfer isn't ethnic cleansing.
Then highlight the legal differences between both (i.e. give accepted legal definitions of both and use distinguished jurists who support your view as references).
You avoided answering this one :
They are no political organisations in Poland that demand apologies of population transfer from Ukraine, Belarus, Lithuania.
In Germany the organisation pressing such demands on Poland(6 milion casualites, 650 bilion $ of war losses) regulary is host to speaches from leading German politicians.
Why such difference ?
Am I a proponent of this dubious German organisation or other Polish organisations? Where did I support their views? Why are you asking me those questions, if I have never referred to them as supporting their views? I am an individual with my own thoughts.

Btw, if you copy and paste, correct your grammar errors. It is not "they" but "there". ;)

Molobo
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#20

Post by Molobo » 08 Aug 2005, 22:57

You wrote: " I take that you agree then now" (btw, strange English I don't fully understand). That is an assumption that I (according to you) have early agreed with you and that you only want me to accept again. Of corse posed as a question. Therefore, my response was: "Where did you get my agreement from? From what words?"
So.Can you answer the question ?
Both are two different cases that were executed hundreds of kilometers away from eachother.
And how much kilometers mean it doesn't matter ?
You can't claim that the expulsion of the German population executed by Poles
Population transfer of German people was made on orders from Allies and was executed by Soviets, at that time Poles and Poland were under Soviet occupation.
somehow justify the expulsion executed by Ukrainians or Russians.
They were conducted by neither.The party responsible for population transfer is Soviet Union, in accordance with Allied decision of transfering the German population.
they are not linked with eachother: Expelling Poles doesn't necessarily mean expelling Germans
In that point you are mistaken.Transfer of German and Polish population was connected, in order to create a new borders, and end the problem of German aggression towards the East once and for all.Germans were transfered because Poles were moved from territories taken by USSR in 1939(an ally of Germany in that time btw) from Polish state.So this aren't two cases of different population movement but in fact the same case.If there would be no transfer of Poles from USSR occupied areas(ironically-only due to German-Soviet alliance and aggression against Poland) there wouldn't be any transfer of German population.

Am I a proponent of this dubious German organisation or other Polish organisations?
So what is your opinon on the fact that leading CDU politicians visit and talk to these "dubious organisations".Btw-they have no Polish counterpart.

Dexx
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#21

Post by Dexx » 08 Aug 2005, 23:34

Molobo wrote:
You wrote: " I take that you agree then now" (btw, strange English I don't fully understand). That is an assumption that I (according to you) have early agreed with you and that you only want me to accept again. Of corse posed as a question. Therefore, my response was: "Where did you get my agreement from? From what words?"
So.Can you answer the question ?
How can I agree with you, if you seem to believe that I have formerly agreed with you on it but I haven't done so? Ask a question without assuming that I have somehow agreed with you. Then I might be able to do that
Both are two different cases that were executed hundreds of kilometers away from eachother.
And how much kilometers mean it doesn't matter ?
Well, how many ;) kilometers are enough? At least it is something different if both populations are not mixed. If they had been mixed it would have been the same: Ethnic cleansing of two different populations, at least if you deport all individuals of the population.
You can't claim that the expulsion of the German population executed by Poles
Population transfer of German people was made on orders from Allies and was executed by Soviets, at that time Poles and Poland were under Soviet occupation.
Could you support your view with a document of Stalin or one of his cronies that he ordered the ENTIRE expulsion of the German population? Nevertheless, if it had been the case, the Bierut-Decrees were issued by a Pole on behalf of the Polish state.
somehow justify the expulsion executed by Ukrainians or Russians.
They were conducted by neither.The party responsible for population transfer is Soviet Union, in accordance with Allied decision of transfering the German population.


What was the legal basis for the expulsion of the Polish minority/majority from the Ukraine? A Soviet decree? If yes, then it was executed by Soviet (Russian/Ukrainian) authorities. But nevertheless: Expelling the Polish population does not necessarily mean expelling the German population. Both ethnic cleansing are tragedies in history. Can you imagine, if your ancestors have lived where you live for hundred years and you are forced to leave the place never being able to come back?

they are not linked with eachother: Expelling Poles doesn't necessarily mean expelling Germans
In that point you are mistaken.Transfer of German and Polish population was connected, in order to create a new borders, and end the problem of German aggression towards the East once and for all.Germans were transfered because Poles were moved from territories taken by USSR in 1939(an ally of Germany in that time btw) from Polish state.So this aren't two cases of different population movement but in fact the same case.If there would be no transfer of Poles from USSR occupied areas(ironically-only due to German-Soviet alliance and aggression against Poland) there wouldn't be any transfer of German population.
Indeed, the new frontiers were set out by the big shot: SU, US and UK at Jalta 1943 and later at Potsdam 1945 agreed on the new frontier line. If Stalin had wanted all East Germany to the river Elbe to become Polish territory, then Poland would have expelled all Germans behind the river (I have the feeling that this is still a dream of some nationalistic Poles ;) ). But new frontiers don't necessarily mean the expulsion of all Germans from Polish territory where they have lived for centuries. There is no reasonable connection. Poland would today consist of 50 million people, most of them Poles, some of them German.
Am I a proponent of this dubious German organisation or other Polish organisations?
So what is your opinon on the fact that leading CDU politicians visit and talk to these "dubious organisations".Btw-they have no Polish counterpart.
I think that Merkel should say that she doesn't support any legal civil actions that somehow reclaim lost grounds. Although the expulsions and the excesses were injust, it is 60 years ago that those horrible actions took place. I am all for coming together and building the future. But what I want is that the suffering of ALL people is recognized no matter what their nationality was. Humanity and human dignity are indefeasible.

minimus
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#22

Post by minimus » 08 Aug 2005, 23:59

Another pointless discussion on the same subject. Its really quite simple. You start a brutal war, then when you loose it, you simply cannot live with the people you tried to enslave or exterminate as if nothing had happened.

Don't you agree Herr Dexx? No point nit picking on some little legal issues.

Molobo
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#23

Post by Molobo » 09 Aug 2005, 00:05

At least it is something different if both populations are not mixed. If they had been mixed it would have been the same: Ethnic cleansing of two different populations, at least if you deport all individuals of the population.
Whad does "mixed" mean ? Both populations were part of the same occupied territory by Soviet Union.
Could you support your view with a document of Stalin or one of his cronies that he ordered the ENTIRE expulsion of the German population?
http://www.ibiblio.org/pha/policy/1945/450802a.html
The conference reached the following agreement on the removal of Germans from Poland, Czechoslovakia and Hungary:

The three Governments having considered the question in all its aspects, recognize that the transfer to Germany of German populations, or elements thereof, remaining in Poland, Czechoslovakia and Hungary, will have to be undertaken. They agree that any transfers that take place should be effected in an orderly and humane manner.

Since the influx of a large number of Germans into Germany would increase the burden already resting on the occupying authorities, they consider that the Allied Control Council in Germany should in the first instance examine the problem with special regard to the question of the equitable distribution of these Germans among the several zones of occupation. They are accordingly instructing their respective representatives on the control council to report to their Governments as soon as possible the extent to which such persons have already entered Germany from Poland, Czechoslovakia and Hungary, and to submit an estimate of the time and rate at which further transfers could be carried out, having regard to the present situation in Germany.

The Czechoslovak Government, the Polish Provisional Government and the control council in Hungary are at the same time being informed of the above and are being requested meanwhile to suspend further expulsions pending the examination by the Governments concerned of the report from their representatives on the control council.
Approved: J. V. STALIN,
HARRY S. TRUMAN,
C. R. ATTLEE.
Of course your claim of transfer of entire German population is wrong, since Germans remain in Poland to this day.
if it had been the case, the Bierut-Decrees were issued by a Pole on behalf of the Polish state.
A puppet in a country occupied and controled by Soviet Union.
Based on Allied decisions.
Btw nothing special since Poles were targets of similiar decisions and decrees, furthermore the decrees are devoid of any importance in polish law since long time.
What was the legal basis for the expulsion of the Polish minority/majority from the Ukraine? A Soviet decree? If yes, then it was executed by Soviet (Russian/Ukrainian) authoritie
Why do you consider moving Poles from Ukraine to Poland an ethnic cleansing-it was a simple population transfer.I have no ill feelings towards Ukrainians, and want no apologies.Saying that Soviets=Ukrainians is simply ignorant as the nation suffered milions of casualites from Soviet hands.
But nevertheless: Expelling the Polish population does not necessarily mean expelling the German population
You still don't understand why Germans were moved, it wasn't an act of vengeance or cruealty, it was made to make room for Poles moved from territories that USSR took in 1939 when it allied itself with Germany against Poland.
Can you imagine, if your ancestors have lived where you live for hundred years and you are forced to leave the place never being able to come back?
Well I sure would hope my ancestors wouldn't try to exterminate their neighbours claiming they are animals.
My grandfather btw lived in Lwow, like his family and he never complained , neither do Poles as a group.
If Stalin had wanted all East Germany to the river Elbe to become Polish territory, then Poland would have expelled all Germans behind the river
What for ? It became Polish territory neverthless.Besides you yourself admit that the population transfer wasn't aimed at the whole group as many Germans neverthless.
But new frontiers don't necessarily mean the expulsion of all Germans from Polish territory where they have lived for centuries. There is no reasonable connection. Poland would today consist of 50 million people, most of them Poles, some of them German.
You seem to ignore several things-housing, food for first.Secondly you forget that for the past 6 years Geramns hunted down Poles like animals, hard to imagine a peacefull coexistance.Third you ignore the fact that the past involvment of German minorities in assisting Hitler's aggression has led Allies(Churchill in particular) that to have peace in Europe, German population must be concentrated in Germany.
Although the expulsions and the excesses were injust
There weren't many excess.As to population transfer, it was harsh but completely justified.
I am all for coming together and building the future. But what I want is that the suffering of ALL people is recognized no matter what their nationality was
Despite losing their homeland, milions of victims and ruined country Poles don't exhibit the desire to demand apologies from Ukrainians, Belarusians etc.They don't view their forced movement as some great suffering. Why is it so different with Germans ? Do you think perhaps they weren't victims of Holocausts leds them to compare harsh realites of postwar life to suffering equal to that of Poles or Jews ?
Last edited by Molobo on 09 Aug 2005, 00:21, edited 2 times in total.

Dexx
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#24

Post by Dexx » 09 Aug 2005, 00:12

minimus wrote:Another pointless discussion on the same subject. Its really quite simple. You start a brutal war, then when you loose it, you simply cannot live with the people you tried to enslave or exterminate as if nothing had happened.

Don't you agree Herr Dexx? No point nit picking on some little legal issues.
You don't get it: What did I wrote, Herr minimus? Humanity and human dignity cannot be taken away from any individual. No matter if it is a Pole, a German, an Iraqi, American, Algerian or whatever. All INDIVIDUAL crimes must be prosecuted, all Polish, all German, all American or whatever. Therefore, I ask my initial question: Have there been trials against guards or administrators who took part in the expulsions, killings, abuses? If not is there a will in Polish society to go after the perpetrators?

Molobo
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#25

Post by Molobo » 09 Aug 2005, 00:20

Therefore, I ask my initial question: Have there been trials against guards or administrators who took part in the expulsions, killings, abuses? If not is there a will in Polish society to go after the perpetrators?
If you have any evidence of abuses, killings during population transfer of Poles and Germans decided by Allies and Soviet Union then you are welcome to report them to IPN.

minimus
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#26

Post by minimus » 09 Aug 2005, 00:23

Dexx wrote:
minimus wrote:Another pointless discussion on the same subject. Its really quite simple. You start a brutal war, then when you loose it, you simply cannot live with the people you tried to enslave or exterminate as if nothing had happened.

Don't you agree Herr Dexx? No point nit picking on some little legal issues.
You don't get it: What did I wrote, Herr minimus? Humanity and human dignity cannot be taken away from any individual. No matter if it is a Pole, a German, an Iraqi, American, Algerian or whatever. All INDIVIDUAL crimes must be prosecuted, all Polish, all German, all American or whatever. Therefore, I ask my initial question: Have there been trials against guards or administrators who took part in the expulsions, killings, abuses? If not is there a will in Polish society to go after the perpetrators?
I did get it. You got your answer at the beginning. There were no, or very few, trials. The rest is a separate topic.

P.S. I am not German, hence Herr minimus is ridiculous.

Slavomir
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#27

Post by Slavomir » 09 Aug 2005, 09:35

Just to add my two cents.

As far as I know, there weren't any trials for "expelling" of German population. Nor Bierut, nor any other communist leader who was organizing that was accused of crime.

You may ask why. Because it was not considered as a crime. Why not? Look at Paragraph 12 of Potsdam Agreement cited above by Molobo. It was operation agreed by Great Powers. Poland and Czechoslovakia were only fulfilling that agreement.

I do not say that it was right and just to do so. But if you want to throw a stone, please the first one reserve for Truman, Stalin and Atlee.

BTW, there were trials for those who committed crimes during the transfer of Germans.

szopen
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Re: Polish trials concerning expulsions and the excesses?

#28

Post by szopen » 09 Aug 2005, 10:32

Halibutt !!!! :)

Dexx
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#29

Post by Dexx » 09 Aug 2005, 22:15

Molobo wrote: http://www.ibiblio.org/pha/policy/1945/450802a.html
The conference reached the following agreement on the removal of Germans from Poland, Czechoslovakia and Hungary:

The three Governments having considered the question in all its aspects, recognize that the transfer to Germany of German populations, or elements thereof, remaining in Poland, Czechoslovakia and Hungary, will have to be undertaken. They agree that any transfers that take place should be effected in an orderly and humane manner.
Thanks for the text of the treaty. Nevertheless this treaty only set out the political framework of the upcoming expulsion. But the Bierut-Decrees formed the legal basis in Poland for Polish guardsmen and administrators. This was the "direct law". The expellers acted upon those laws. This law was issued by Bierut on behalf of Poland and therefore, in a legal sense it is Polish law. GDR law is still GDR law although SU occupied former middle and todays eastern Germany.

Furthermore, if you look at the text you may find the sentence "in an orderly and humane manner". How could it happen that hundreds of thousand or even more than a million people died during the expulsion? There is a discrepancy between the political decision and reality.
Of course your claim of transfer of entire German population is wrong, since Germans remain in Poland to this day.
It seems like the Polish authorities could not find all Germans, either they weren't registered as Germans or could hide away when the expellers arrived the towns.
if it had been the case, the Bierut-Decrees were issued by a Pole on behalf of the Polish state.
A puppet in a country occupied and controled by Soviet Union.
Based on Allied decisions.
Btw nothing special since Poles were targets of similiar decisions and decrees, furthermore the decrees are devoid of any importance in polish law since long time.
And if Poles came under same decrees of SU or whatever country it makes the expulsion somehow right? Show me the reasonable connection. If a law is directed against a population and another law against another population BOTH laws are wrong and you don't make a law "right" in case you target another group of people. It is insane reasoning.
What was the legal basis for the expulsion of the Polish minority/majority from the Ukraine? A Soviet decree? If yes, then it was executed by Soviet (Russian/Ukrainian) authoritie
Why do you consider moving Poles from Ukraine to Poland an ethnic cleansing-it was a simple population transfer.I have no ill feelings towards Ukrainians, and want no apologies.Saying that Soviets=Ukrainians is simply ignorant as the nation suffered milions of casualites from Soviet hands.
Are you making fun of me? Do you read what I have written? It seems like I am talking to a wall...somehow...You only repeat over and over the same again without taking my replies into account. Only for you I refer to the parts that are already there. If you keep on ignoring my posts I will only use my already written replies for your ranting.
Then highlight the legal differences between both (i.e. give accepted legal definitions of both and use distinguished jurists who support your view as references).
It is the same for me. Population transfer is only an euphemism.
But nevertheless: Expelling the Polish population does not necessarily mean expelling the German population
You still don't understand why Germans were moved, it wasn't an act of vengeance or cruealty, it was made to make room for Poles moved from territories that USSR took in 1939 when it allied itself with Gemany against Poland.
Ah, now you display your true nature. Doesn't sound the word "to make room for Poles" nice? I exchange Poles and get "to make room for Germans". Doesn't ring a bell? Or the term "Lebensraum"? Hitler took your reasoning to justify the war in the east.
f Stalin had wanted all East Germany to the river Elbe to become Polish territory, then Poland would have expelled all Germans behind the river
What for ? It became Polish territory neverthless.Besides you yourself admit that the population transfer wasn't aimed at the whole group as many Germans neverthless.


Where did I admit something? Please refer to it with a quote. You somehow don't understand me or you misread my posts onpurpose. I wrote the Poles were ethnical cleansed from todays Ukraine and Germans had the same fate in the west. Two wrongs don't make a right. But I have already written the same earlier. If you keep on writing the same over and over again without taking my points into account, I ask the moderator whether this behaviour constitutes trolling since a discussion is about dealing with ones arguments and notz simply writing the same over and over again.
But new frontiers don't necessarily mean the expulsion of all Germans from Polish territory where they have lived for centuries. There is no reasonable connection. Poland would today consist of 50 million people, most of them Poles, some of them German.
You seem to ignore several things-housing, food for first.Secondly you forget that for the past 6 years Geramns hunted down Poles like animals, hard to imagine a peacefull coexistance.Third you ignore the fact that the past involvment of German minorities in assisting Hitler's aggression has led Allies(Churchill in particular) that to have peace in Europe, German population must be concentrated in Germany.
Do you look at what I write? I wrote: Humananity and humand dignity is unalienable without respect of nationality. All people who took part in crimes either Germans, Poles or Americans or whatever must be brought to justice. You think that I forget Poland. No, I don't. I say: All people who were involved in crimes or even warcrimes must be punished.
Although the expulsions and the excesses were injust
There weren't many excess.As to population transfer, it was harsh but completely justified.
What do you consider not many? If you say "not many" you logically must know the numbers. Please refer to them. On the other hand, there died around 2 milion Germans during that expulsions from the East and since the majority of them came from Poland it is somehow logical that most of the death occured in Poland.
I am all for coming together and building the future. But what I want is that the suffering of ALL people is recognized no matter what their nationality was
Despite losing their homeland, milions of victims and ruined country Poles don't exhibit the desire to demand apologies from Ukrainians, Belarusians etc.They don't view their forced movement as some great suffering. Why is it so different with Germans ? Do you think perhaps they weren't victims of Holocausts leds them to compare harsh realites of postwar life to suffering equal to that of Poles or Jews ?
You don't get me. I am moving in a legal framework. I don't ask for apologies or any political act. I ask for legal justice, because (I can only repeat myself): Humanity and human dignity is inalienable. That is the basis of all law today. In a democratic society with the rule of law ALL people are equal in the face of law. No one stands above. No Poles, no Germans or whoever.

Once again, if you don't address my points I will ask the moderator whether your behaviour constitutes trolling, because you simply don't take my points into account.

I want you to only respond to this question:

Do you think that all people have some inalienable rights that are humanity and human dignity?

PS: It seems like 4-5 Poles are chasing me ;). Only this reaction shows that it is a hot potatoe for you. Due to time restraints I cannot give replies to all of you. I have to study for my final examinations and my friends are waiting too.

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#30

Post by David Thompson » 09 Aug 2005, 22:47

Gentlemen -- The discussion is very interesting, but we don't need the personal remarks. Please avoid them.

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