David Thompson wrote:Thanks, POW. It sounds like the "Hostage Case." I haven't been able to find it on-line yet, but after I get back from vacation I'll see if I can't locate it. Just to confirm, are these the defendants?
Boehme (Böhme), Franz Friedrich (1885-29.5.1947) [General der Gebirgstruppe]
Dehner, Ernst (1889-13.9.1970) [General der Infanterie]
Felmy, Hellmuth (1885-14.12.1965) [General der Flieger]
Foertsch (Förtsch), Hermann (1885-27.12.1961) [General der Infanterie]
von Geitner, Kurt (1884-6.9.1968) [Generalmajor]
Kuntze, Walter (1883-?) [General der Pioniere]
Lanz, Hubert (1896-12.5.1982) [General der Gebirgstruppe]
von Leyser, Ernst (1889-?) [General der Infanterie]
List, Sigmund Wilhelm Walther (1880-1971) [Generalfeldmarschall]
Rendulic, Dr. jur. Lothar (1887-18.1.1971) [Generaloberst]
Speidel, Wilhelm (1895-1970) [General der Fleiger]
von Weichs, Maximilian Freiherr (1881-27.9.1954) [Generalfeldmarschall]
Yes David. To speed up your search in the internet try this link: http://www.ess.uwe.ac.uk/WCC/List1.htm
Here's an example.
You are soldier/policeman, armed and walking around, when somebody starts to firing at you. What will you do?
a) fired back,
b) ask him or check his clothing,
c) run away?
I agree with Octavianus - there's no time (Kill or be killed).
Huh? Although I usually don't discuss with children this will be my final attempt to prove that usually the Yugoslavian fighters were not considered as a regular army. Of List the Tribunal said : “ The evidence shows that after the capitulation of the armies of Yugoslavia and Greece, both countries were occupied within the meaning of International Law. It shows further that they remained occupied during the period that List was Armed Forces Commander Southeast. It is clear from the record also that the guerrillas participating in the incidents shown by the evidence during this period were not entitled to be classed as lawful belligerents within the rules herein before announced. We agree, therefore, with the contention of the defendant List that the guerrilla fighters with which he contended were not lawful belligerents entitling them to prisoner of war status upon capture. We are obliged to hold that such guerrillas were francs tireurs who, upon capture, could be subjected to the death penalty. Consequently, no criminal responsibility attaches to the defendant List because of the execution of captured partisans in Yugoslavia and Greece during the time he was Armed Forces Commander Southeast.” List was also found not guilty of “ any crime in connection with the Commissar Order.“
THE LAW RELATING TO HOSTAGES AND REPRISALS
"Turning to the question of hostages and reprisals, the Tribunal pointed out that it restricted its enquiry to “ the right to take hostages from the innocent civilian population of occupied territory as a guarantee against attacks by unlawful resistance forces, acts of sabotage and the unlawful acts of unknown persons and the further right to execute them if the unilateral guarantee is violated”; the taking of hostages to compel armed forces to respect the laws of war would not be discussed. (Footnote 3: In the next paragraph, the Tribunal said that it was concerned only with hostages taken “ to ensure against unlawful acts by enemy forces or people.” This second reference to “ enemy forces ” must, however, be taken to mean guerrilla units not falling within the category of the legal belligerents.)
In the opinion of the Tribunal the taking and shooting of hostages in order to guarantee the peaceful conduct in the future of the populations of occupied territories, may in certain circumstances be legal under International Law. The Tribunal based its opinion upon the “ available evidence,” which was said earlier to consist of “ certain rules of customary law and certain inferences legitimately to be drawn from existing conventional law.“(Footnote 4: See pp.60 and 61.) At a later point (Footnote 5: See p.63.) the Tribunal drew attention to the fact that the British Manual of Military Law permitted the taking of reprisals against a civilian population (putting to death is not mentioned), and the United States Basic Field Manual (Rules of Land Warfare) even the putting to death of hostages; and claimed that the killing of hostages was not prohibited under international agreement."