Allied double standards in war crimes trials?

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Tarpon27
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#16

Post by Tarpon27 » 30 Jul 2003, 00:06

Dönitz was the only one allowed to use a tu quoque argument since the Americans used unrestricted submarine warfare in the Pacific themselves and did not want to hear universal condemnation of the tactic (not that anyone would have castigated them for it since they won).
So, IMT was unfair NOT because the judgment did not charge Donitz with policy of abandoning survivors of sunken shipping but because Donitz's lawyer was allowed to introduce evidence of US submarine policy in the Pacific that did the exact same thing? Or what?

"Allowed" to us tu quoque as an argument? Who and what was denied?
Curiously unrestricted submarine warfare was so bad during WWI that the United States went to war over it and made a royal mess over everything, leading to a replay of the war later.
Again, you fail to point out the advent of new military technology and the threat(s) it puts against those that are its victims, and why, post-war, there are always treaties, conventions, and international law, which are institutions, to try and monitor the future uses of such technology.

The insitutions never predate nor, apparently, anticipate the technology.

It is why, for example, biological/chemical weapons are outlawed, and why tactical and strategic nuclear weapons have not been used since the US did against Japan. While there have certainly been conflicts since 1945 where they could have, MAD (Mutually Assured Destruction) aside.
Interventionism sucks.
Gee, how could you wait so long to enter your favorite politics?
Of course, tactics which help the Victors are okay, but those that the Victors never used or never needed are really, really baaad.
Yep, I guess you are right. The US, for example, never felt the need to take Jews, as an example, and formulate a "Final Solution" to the problem they presented. And, of course, the US was free of radical political elements in the height of the Great Depression.

Lacking such "tactics", never used or never needed, means, I guess, that there could not possibly be the remote possibility that a "war crime" exists.
But Dönitz was only on the dock anyway because he was Führer, not because he was a U-boat admiral.
It wouldn't matter, I sometimes think, that even if Donitz had, for example, ordered U-Boat crews to surface and straphe survivors, that you would ever be able to admit that action, which was never committed by Donitz or with the exception of one U-Boat crew, as a "war crime".

Wouldn't fit your "criteria".

Regards,


Mark

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#17

Post by David Thompson » 30 Jul 2003, 00:35

Scott -- You said: "Of course, tactics which help the Victors are okay, but those that the Victors never used or never needed are really, really baaad."

Based on that reasoning, should the allies have put more Italian military officers on trial for war crimes because their tactics were "really, really baaad"?


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#18

Post by Scott Smith » 30 Jul 2003, 01:13

Tarpon27 wrote:
Scott Smith wrote:With the exception of minor military conduct like looting, rape, and brigandage, warcrimes is complete nonsense defined by the Victors.
Sorry, but that is pretty amusing.

I will gladly read your posts defending, say, the actions of Pol Pen in Cambodia, or atrocities in Viet Nam, or anywhere in the history of recorded conflict, your statement is a bit...well...Scott Smithish.
It is not my goal to defend atrocities but only to say that Interventionist War cannot be struggles of Good vs. Evil because in essence conflicts are fought over power and not mawkish sentiments. These qualities are given and manipulated by propagandists.
Even you admit, Scott, of the killing of the Jews in WWII, but that would not be a war crime? Just an example to test your statement.
It would not be a warcrime because it would be ex post facto law. Now, expulsions, forced-labor, and detention might be deemed necessary for victory and therefore it would not be a warcrime either. The British used the concentration camp tactic during the Boer War, for example. And the U.S. government employed a similar principle with the Fortified Hamlets during the Vietnam War. If you were in a "free-fire zone" you were VC. Also, the Commissar Order to liquidate the Communist intelligentsia has a parallel with the Phoenix Project to assassinate the VC. All of these things are deemed for "military necessity" so they are not warcrimes (nor would be strategic bombing).

My point on the strategic bombing is that by 1942 the British Cherwell Plan deliberatedly targeted German civilians to kill as many as possible for whatever it took to achieve "regime change." The Americans were more naïve in that they thought you could separate military or industrial targets from civilian, but they are basically the same enemy, as Harris at least had the honesty to admit privately. This is how the American bombing of Japan was conducted; every little Nip and Nipette was just a yellow oriental devil in the armaments industry as far as the 20th Air Force was concerned. The V-weapon campaign of the Germans was retaliation for the Allied strategic bombing campaign. If the Germans had been able to muster up as much firepower (or more) than the Allies with their bombers, then it would have led to complete strategic deterence (as was already the case with poison gas).

We are told that only the Germans employed terror-warfare but the Allies employed it too. And when the Germans killed a partisan it was terrorism or Genocide, whereas for the Allies it was killing a spy or a commando. On the History Channel last night some old boy was telling about how they shot downed Jap pilots right out of the water. I guess they figured that if the Emperor was sending Jap pilots to attack U.S. Navy ships in suicide Kamakaze attacks then it was okay not to take any Japs prisoner. I presume that these were not even Kamikazes otherwise they wouldn't be in the water alive. Of course, had the Germans done this they would be called on it because they lost the war.

To your point on the fairness of the Nuremberg trials, the purpose of the trials was a spectacle where the former enemy leadership was painted as Evil, and the Allied cause and the postwar circumstances (read Soviet expansionism) are therefore either unalloyed Good or at least unintendedly mixed. The Germans can either be "reeducated" (which sounds like totalitarian-liberalism to me) or be forcibly denazified. All other considerations of the trials are mere legalistic details. They even had some acquittals for good measure of people who shouldn't have ever been tried in the first place. As far as comparing the justice of a German court with a Soviet one, I don't think there is a comparison, but the Anglo-Saxon powers proved themselves and their lofty standards to be hypocritical--the law was put into the service of propaganda in Soviet fashion. The defense (a handful of German lawyers who were subjects of the Allied occupation) was not on an equal footing with the Allied tribunal, its intelligence agencies, and the battery of Allied judges and prosecutors.

The only way to have approximated a fair trial for real warcrimes would have been to have neutral nations adjudicate based on existing international agreements and standards, not Allied whims and propaganda. Of course, this would mean that if the Allies wanted the Germans tried for something then they would have to be held to the same standard (e.g., treatment of prisoners or whatever).
:)
Last edited by Scott Smith on 30 Jul 2003, 07:30, edited 1 time in total.

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#19

Post by Scott Smith » 30 Jul 2003, 01:25

David Thompson wrote:Scott -- You said: "Of course, tactics which help the Victors are okay, but those that the Victors never used or never needed are really, really baaad."

Based on that reasoning, should the allies have put more Italian military officers on trial for war crimes because their tactics were "really, really baaad"?
If this premise were really true--and I have no doubt that it is since the Italian occupation of the Balkans was not especially nice, although no worse than the way the Communists fought--then NO, because neutral nations should have conducted warcrimes trials based on accepted standards, not the Victors who can do no wrongs. This could have been part of a negotiated peace settlement, but would not be a prerequisite as far as previous definitions of warcrimes.
:)

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#20

Post by Tarpon27 » 30 Jul 2003, 02:00

Scott Smith wrote:
It is not my goal to defend atrocities but only to say that Interventionist War cannot be struggles of Good vs. Evil because in essence conflicts are fought over power and not mawkish sentiments. These qualities are given and manipulated by propagandists.
Which is to force the reader, first, into agreeing with your determination that WWII was your favorite hobby horse, an "Interventionist War" and your interpretation of history, which is your opinion, and that WWII was, prior to the "intervention" of the US, a struggle predicated on your equally demanding "Good vs. Evil", despite the fact that documentation, press reports and history reads that claims made, for example, about the General Government camps that filtered their way back to the UK and the US were universally disbelieved. Even after the Soviets overran Maidjanek, their reports were discounted, and led to the later destruction upon German retreat of Auschwitz (or maybe they dynamited the Kremas because of their military value).

"In essence" if conflicts are fought over power, than those in Europe and the US who perceived the actions of Hitler, were somehow mistaken to interpret the annexations, the military build-up, his own words as mistaken in his grasp for power? If it wasn't Austria, it was Czechslovakia, and than after that it was the Danzig Corridor.

If "evil" means occupying western Europe under Nazi Rule, so be it. I imagine most of the citizens of those countries felt Hitler and Nazis "evil". Hitler played power politics and lost, and if you equate the wartime propaganda, denoting Hitler or Tojo as "evil", please post more on the Streicher thread, on depictive propanganda of "evil".

You even posted here Lindbergh's propaganda, and my favorite was how he wrote of Japanese Marines, washed up on the beaches of Midway, at the Battle of Midway, mutilated by US troops when, after the loss of the four carriers of the strike force, the landing troops (and second fleet) never got within, IIRC, 300 miles of Midway. Because they retreated when learning that the carrier force was sunk.

But "evil" never really reared its head until troops started overrunning Poland and then from the west, Germany, where the rest of the world, along with, I assume, a great many Germans, were a bit shocked to find what happened in the camps of the Reich. For whatever the misconceptions that exist today about the Holocaust, I still think many, including myself, wonder how Germany could ever produce Hitler and the Nazis. The again, your definition of "evil" and mine, obviously differ.

But this is way off topic, and much in line with so many posts here that turn into sodden mishmash of politics, philosophy, and hobby horse, pet views.

Regards,

Mark

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#21

Post by Tarpon27 » 30 Jul 2003, 05:04

Scott Smith wrote:
The only way to have approximated a fair trial for real warcrimes would have been to have neutral nations adjudicate based on existing international agreements and standards, not Allied whims and propaganda.
Which nations would you have?

Europe was a combatant, as was a sizable part of the Aisan land mass, as was North America, part of Africa, as was Australia and many island states of the Pacific.

But if it was all due to international agreements and standards, then what happens to your often stated premise that "sovereign states can do as they please" argument? It is remarkable how you vehemently protest, say, on Nuremberg, arguing against international law vis-a-vis sovereignity of nation states, but now you advocate "neutral nations" to "adjudicate" on "international agreements and standards".

Would your neutral states, which would be interesting to read which ones and how many, and how their legal/judicial systems (assuming you feel they will use their own judges) would accomplsih the goal? Or the legal system they would use.

Do they supply the prosecution? As well as the defense?

Or do the Allied countries get to prosecute (as happened at Nuremberg) while the German defendants be allowed to choose counsel (as happened at Nuremberg)?

Is your complaint the judges?

Regards,

Mark

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#22

Post by Tarpon27 » 30 Jul 2003, 05:13

Scott Smith wrote:

With the exception of minor military conduct like looting, rape, and brigandage, warcrimes is complete nonsense defined by the Victors
Therefore if you rape a woman, it is a war crime, but if you shoot her through the head, killing her, it is not. Perhaps it would be as long as you raped her first.

If you loot a home, which happens to belong to a Jew, it is a war crime, but if you pass laws allowing for legalized looting of a Jew's home, it is not.
brigandage[brg´ndj] Pronunciation Key [Ital. brigare=to fight], robbery and plundering committed by armed bands,

often associated with forests or mountain regions. Social and political demoralization, economic or political oppression, and racial or religious antagonisms may give rise to brigandage, especially if the area provides
suitable hiding places for the brigands. Brigandage can flourish during the disintegration of a state, as the decline of the Roman Empire; at a time of major economic and social change, as at the end of the feudal ages;
after a great war, in the early stages of frontier settlement, as in early California and in the Australian bush; or in national borderlands, as in Scotland. Some argue that when a strong centralized authority develops, or when a disciplined constabulary is organized, brigandage disappears or goes underground. Others argue that people held under intolerable economic subjection adopt brigandage as a means of retaliation. Under the latter conditions, the bandit is often protected by a sympathetic public opinion, and can become a popular hero, a symbol of resistance to tyranny. Thus supported, the brigand leader may extend his jurisdiction over a wide area, establishing a recognized authority. The lawless lives of brigands and highwaymen have often become legends. Stories of gallantry and heroism have gathered about many brigands, especially those who were the victims of social or political oppression, who were rebels rather than bandits. Ballads and folk tales have grown about brigands such as Dick Turpin, the highwayman; Hereward the Wake; Robin Hood; Stenka Razin, the Cossack; Fra Diavolo of Italy; and Jesse James of the United States.


See C. J. Finger, Highwaymen (1925, repr. 1970); D. Dolci, Outlaws (1961); C. Hibbert, Highwaymen (1968); E.

Hobsbawm, Bandits (1969).

Brigandage
(n.) Life and practice of brigands; highway robbery; plunder.

If you are Robin Hood, you are guilty of war crimes.

The Scott Smith short list of war crimes.

8O

Regards,

Mark

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#23

Post by Scott Smith » 30 Jul 2003, 07:07

Sorry, I had responses to the first two posts but a thunderstorm knocked out the power and poof. I suppose that it is just more Is-Too/Is-Not anyway so there isn't much point in beating the horse. You will never be convinced that the Allied cause was never the epitome of a comic book superhero fantasy.
Tarpon27 wrote:
Scott wrote:With the exception of minor military conduct like looting, rape, and brigandage, warcrimes is complete nonsense defined by the Victors
Therefore if you rape a woman, it is a war crime, but if you shoot her through the head, killing her, it is not. Perhaps it would be as long as you raped her first.
You can't write F*** on your airplane because it's obscene, but you can drop napalm on kids--or something like that as Colonel Kurtz said in Apocalypse Now. Yes, murder would be a warcrime unless you were following orders; then it would be an act-of-war. It might also be a crime under the local laws where soldiers might be. So if you raped or killed a woman while stationed or occupying Okinawa and their sovereign government were restored, then they might be inclined to prosecute you. Usually the U.S. government will give you up and let you face local criminal jurisdiction if it is a friendly government. I'm sorry that you are having trouble understanding such legal principles. So many people don't understand the basic principles of sovereignty, jurisdiction, ex post facto law, etc.
If you loot a home, which happens to belong to a Jew, it is a war crime, but if you pass laws allowing for legalized looting of a Jew's home, it is not.
No, it's called taxation, silly.
If you are Robin Hood, you are guilty of war crimes.
Robin Hood wasn't a government agent, so he was a criminal. Of course the government can grant pardons. But my point is that such things violate existing international agreements so there is a basis to apply "law" given that sovereign states have made prior agreements on crimes that occur during war. What is total horseshit is calling anything that you don't like that the defeated enemy did a warcrime--which therefore turns legal and humanitarian concepts into propaganda.
:)

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#24

Post by Wulpe » 30 Jul 2003, 08:59

Tarpon27 wrote:Scott Smith wrote:
The only way to have approximated a fair trial for real warcrimes would have been to have neutral nations adjudicate based on existing international agreements and standards, not Allied whims and propaganda.
Which nations would you have?

Europe was a combatant, as was a sizable part of the Aisan land mass, as was North America, part of Africa, as was Australia and many island states of the Pacific.
How about the most prominent neutral country, Switzerland ?

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#25

Post by Scott Smith » 30 Jul 2003, 09:13

Tarpon27 wrote:
Scott Smith wrote:The only way to have approximated a fair trial for real warcrimes would have been to have neutral nations adjudicate based on existing international agreements and standards, not Allied whims and propaganda.
Which nations would you have?
Neutral nations, as I said. Sweden, Switzerland, Spain, and Turkey were neutral and they remained sovereign in 1945. A panel of judges could have been appointed from each, especially assuming a negotiated peace, where holding warcrimes trials was a major Allied demand and the details worked out by agreement (not just among the Victors as the London treaty).
But if it was all due to international agreements and standards, then what happens to your often stated premise that "sovereign states can do as they please" argument?
The basis of this prosecution would be that Germans (and Allied personnel) were violating THEIR OWN laws by not following prior treaty agreements, such as with respect to the treatment of prisoners-of-war. There would be no case with the Soviet POWs since their government did not sign the Geneva convention, nor would there be any case with respect to the equally poor treatment of German POWs by the Soviets because of reciprocity. But IF the Soviets had signed the Geneva convention then they might have been able to excuse their poor treatment of German POWs using a tu quoque argument that the Germans mistreated their Soviet POWs. Of course, if the Germans could then argue that the mistreatment of the Soviet POWs, most of which occurred by failing to prepare adequately for the winter of 1941-42 and was therefore negligent but not intentional, then the Soviets might have a harder time with their case. Nobody has a case if no one signed an agreement or followed it.
It is remarkable how you vehemently protest, say, on Nuremberg, arguing against international law vis-a-vis sovereignty of nation states, but now you advocate "neutral nations" to "adjudicate" on "international agreements and standards".
"International Law" is a misnomer. There is no such thing. It is an impossibility. If you had international-law then you would have no nation-states; they would be vassals or member-states, similar to each of the United States, which are subject to Federal sovereignty. The basis for all of what we call International Law is treaties signed by sovereign states (or dictated de facto to weaker but technically still sovereign nation-states by hegemonic superpowers).

Why is this so damned hard for everyone to understand?

No treaties--no international law. And sovereign states can (and do) break treaties; it is one of the features of true sovereignty. Their peers (other sovereign states) might not like this and even declare war, enact economic or other sanctions, complain, or just do nothing, but the fact remains. The sovereignty of the law comes from the Sovereign not from some phony international congress of ambassadors like the UN or from a gang of nations who are in an Alliance. In the USA the supreme sovereignty resides in the Constitution but in Nazi Germany it was ultimately Hitler. So if Göring (Hitler's lawful successor) ordered British POWs shot for trying to escape he was saying that he would interpret the Geneva convention in that way and he was within his rights to do so. Some general or other commandant might not have been within that right, however. In the USA a colonel shooting prisoners would be on thin ice too unless he had the authority of the government behind him, which might mean an Executive Order or an Act of Congress, or some other official interpretation of the law in effect. Otherwise, a treaty is presumed to be the supreme law of the land, whether the military brass like it or not.
Would your neutral states, which would be interesting to read which ones and how many, and how their legal/judicial systems (assuming you feel they will use their own judges) would accomplish the goal? Or the legal system they would use.
The details could be worked out in the peace negotiations. Having no superpower to arbitrate a peace agreement (like Teddy Roosevelt who arbitated the end of the Russo-Japanese war) meant that a negotiated peace would be that much harder to achieve. It would have been almost impossible to negotiate a peace with Germany and still keep the Allied coalition together, or at least with the Soviet Union on the same page. (That is why Messrs. Winnie and Franklin adopted the Unconditional Surrender plank to begin with, to keep the Soviet Union from thinking about a separate peace with Germany. They wanted to keep eminently-expendable Slavs hammering away at German lines for as long as possible.) Anyway, long story short--FDR pissed away the American nation's chance to arbitrate a fair (and therefore relatively lasting) peace agreement by taking Albion's side in a war that we had no legitimate national interest Intervening in.

(I would argue that the Anglophile plutocracy, the New Dealers and the Zionists wanted American entry into the war. Both political parties were for the war in 1940, although they claimed to stand for peace. And I would argue that these interests were able to cow with fear-propaganda the 80% of Americans who didn't want Intervention in another European war. In 1938, Americans were on such edge from emotional mass-media management that we even went nuts over a fictional invasion from Mars on the radio. But that is another story.)
Do they supply the prosecution? As well as the defense?
I would say that if the Allies are the ones wanting to press a case they could supply the prosecution but they would have to convince neutral judges from neutral countries that are acceptable to BOTH sides. The defense might be attorneys hired from neutral nations or even citizens from the former Allied enemy, but to use German attorneys when they are subjects of the same occupying power is absurd. The spook agencies of the Allies had the ability to select whatever evidence they wanted and the Germans were seldom able to contest its veracity or anything else. I have already mentioned that only in the Dönitz case was the defense even allowed to make a tu quoque argument. So if the Germans shot somebody they could not argue at Nuremberg that the Allies did the same under the same circumstances--not because it wasn't true but because it wasn't admissible. The prosecution wasn't on trial; in fact they were the trial. They were judging the defeating enemy by one Mickey Mouse standard and didn't have to justify their own brutality. Obviously an international court (comprised of neutrals) would have to make some resources available to the defeated in Discovery so that they could legitimately present evidence for the defense. Every OSS report and every propaganda slogan submitted by the Soviets was "evidence" at Nuremberg. The defense had no right of Discovery and sometimes not even to see documents that were submitted as evidence. The accused were seldom allowed to confront their accusers. Hearsay was evidence at Nuremberg if the prosecution liked it.

(Btw, I have ordered the microfilm of the Soviet affidavits on Human Soap from the National Archives. The affidavits of Neely and Witton are at least in English. Other stuff is in German, Polish, and Russian, but we have translations of Mazur's story already and Colonel Smirnov's arguments anyway.)
Or do the Allied countries get to prosecute (as happened at Nuremberg) while the German defendants be allowed to choose counsel (as happened at Nuremberg)?
See above. The accused did not get to choose their counsel except from German attorneys living in an occupied country, many of whom were from Eastern Germany or their families and might be subject to deportation to the Soviet Sector. They could not hired attorneys from neutral countries of from Anglo-Saxon countries familiar with their own jurisprudence.
Is your complaint the judges?
That and a lot more. For example, T-4 was not against German law assuming that it was authorized by Hitler and the Chancellery. Killing German Jews as "traitors" or just because they wore beards might have been a crime against humanity but unless it can be shown to have been illegal at the time then it was not legally a crime. Murder was illegal even in Nazi Germany, however, so a perpetrator would have to show direct government authority or such killing is simply murder. For example, killing in war is legal and is therefore not murder. That is because the State is sovereign and says it is. The capacity to declare war is one of the core elements of sovereignty. Now, Poland could press a case against Germany for killing her citizens but then Germany might not extradite the accused. Settling such accounts could have been the basis of a negotiated peace treaty.

A peace treaty could even stipulate regime-change as a basis of the peace if the negotiating strength of one side were very strong. All the Allies would have to do is win some battles and drop their silly Unconditional Surrender plank. The diplomatic possibilities are endless if you have a strong negotiating position. The Allied position was compromised somewhat because they wanted to keep Soviet cannon-fodder available for as along as possible, as Stalin clearly understood. Churchill's attempt to display massive force just before Yalta is how that little tidbit came about. But anyway, turning a conflict into a Crusade only hardens the opposition and lengthens the war as the enemy will take increasingly desperate measures even if he knows he can't win.

For example, if Germany wasn't being fire-bombed there would have been no need to work 100 thousand prisoners to death digging bombproof tunnels to make the 5 thousand V-2 rockets hoped to break the Allied strategic terror. Your government would say that 100 thousand of the enemy dead in the saltmines is "worth it" when balanced against 600 thousand Germans killed in the bombing raids. Indeed, they would hope to kill 600 thousand more of the enemy when the missiles were actually fired. Was General Kammler a warcriminal because he supervised this draconian and calculated brutality? I don't think so--because it was thought to be a "military necessity," just like dropping the atomic bomb. We did not of course need to work incarcerated Japanese-American "enemies" to death to achieve the Manhattan Project because we were never under the threat of bombing. Were Kammler's actions brutal and inhumane? Yes, definitely. It was also a "crime against humanity." But it was not against the law (because U.S. and British POWs were not used mostly). And it would be no more lawless if prosecuted by a local regime imposed by the Victors. We can ban forced-labor, landmines, nuclear weapons, or even crossbows of a strength sufficient to pierce the plate-armor of knights on horseback, but to impose such rules on defeated nations after the fact and not even hold ourselves to the same standard is simple hypocritical nonsense.

Let’s say that no matter how generous the peace offer Hitler wouldn’t budge and went down in Berlin never having come to terms with the enemy. Then the Victors should have at least recruited neutral nations to hold an impartial court where existing international agreements were supposedly violated by the defeated enemy. In this case the accused could use tu quoque arguments so that the court holds then to the same standard as that of the enemy, but the court would simply have no jurisdiction to force the Victors to put their own on trial for the things they accused the enemy of.

Nuremberg, however, was a rotten farce that actually retards international relations and legitimates the bullying of coalitions of superpowers. This really is not so hard to understand.
:)

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#26

Post by ChristopherPerrien » 30 Jul 2003, 10:21

For the most part that was a dam good post Mr.Smith.

Regards
Chris.

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#27

Post by Scott Smith » 30 Jul 2003, 17:30

ChristopherPerrien wrote:For the most part that was a dam good post Mr.Smith.
Thanks!
:)

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#28

Post by Caldric » 30 Jul 2003, 18:19

Sure that was a good post on "if it were not for the allies".

Or if you expect USSR, France, UK to just bury there millions of dead mostly the Soviets and have no justice for it. That is so simplistic and weak, just let it go no need to seek justice and yes revenge for these deaths.

Only a strange bird would find German treatment of human beings during the war the right of a sovereign nation and that they should just let it go and have a gentlemens peace.


"International Law" is a misnomer. There is no such thing. It is an impossibility. If you had international-law then you would have no nation-states; they would be vassals or member-states, similar to each of the United States, which are subject to Federal sovereignty. The basis for all of what we call International Law is treaties signed by sovereign states (or dictated de facto to weaker but technically still sovereign nation-states by hegemonic superpowers).

Why is this so damned hard for everyone to understand?
Because "International Law" is assumed to be agreements and legal treaties between nations. Such as the Geneva Convention, that is an international law that covers warfare. It is a set of laws on how nations will treat each other . Most of these laws were not forced on anyone.

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#29

Post by Scott Smith » 30 Jul 2003, 19:05

Caldric wrote:Sure that was a good post on "if it were not for the allies".

Or if you expect USSR, France, UK to just bury there millions of dead mostly the Soviets and have no justice for it. That is so simplistic and weak, just let it go no need to seek justice and yes revenge for these deaths.
It depends on your negotiating position. if the Soviet Union doesn't want to play ball then let them continue the fight separately. The suffering of millions of their countrymen does not justify the expulsions of the Germans, and the Soviet Union was not building its massive army to go romping in the forest for foxes. The Soviets were about as innocent as a whore in church (the same as Poland). Besides, with the U.S. having the atomic bomb she could have pretty much gotten what sehe wanted. Of course that would have required somebody more qualified to be a President than Truman and somebody not senile like Roosevelt or corrupt and alcoholic like Churchill.
:idea:
Only a strange bird would find German treatment of human beings during the war the right of a sovereign nation and that they should just let it go and have a gentlemens peace.
I didn't say that they should "let it go" but if you think that the Nuremberg trials makes the deaths of the 60 million or so from World War II hunkydori then you are the one dreaming. Conflict resolution is about eliminating the source of conflict and negotiating changes based on your relative bargaining position. These agreements usually last a why because they are based on agreement, even if you might not always get what you want all the time. Even if a battle or a war was indecisive it might act as a catalyst to conflict resolution because continued conflict is no longer deemed "worth it."
"International Law" is a misnomer. There is no such thing. It is an impossibility. If you had international-law then you would have no nation-states; they would be vassals or member-states, similar to each of the United States, which are subject to Federal sovereignty. The basis for all of what we call International Law is treaties signed by sovereign states (or dictated de facto to weaker but technically still sovereign nation-states by hegemonic superpowers).

Why is this so damned hard for everyone to understand?
Because "International Law" is assumed to be agreements and legal treaties between nations. Such as the Geneva Convention, that is an international law that covers warfare. It is a set of laws on how nations will treat each other . Most of these laws were not forced on anyone.
That is exactly what I said. The basis of what we call International Law is agreements and treaties. It is not LAW in the sense of sovereignty because states create the law, not the other way around.

For example, a treaty signed by all nations would be the "supreme law of the land" but it would not be superior to the Consititution. Furthermore, if the treaty were signed by the President and ratified by 2/3rds of the Senate it would be legal in the United States (unless there were other Constitutional issues) and legal in the territory she controls; however, the treaty could be scrapped at any time by the President and declared invalid in whole or in part. This may or may not have international repercussions but it would be legal because the United States is a sovereign government and sovereign governments (not treaties or international bodies) are the source of LAW.
I'm aware that many proponents of International Law and some lawyers enamored by Globaloney think differently but that is wishful thinking. These laws are created by the treaties by sovereign governments not by pseudo parliaments like the UN.
:)

Tarpon27
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Location: FL, USA

#30

Post by Tarpon27 » 30 Jul 2003, 20:39

Scott wrote:
No, it's called taxation, silly.
Jews were "taxed" in Germany while they were removed from their homes and businesses? So they left their homes because they could no longer afford to pay the taxes?

It was a "tax"? In the aftermath of Krystal Night, when the edict came down that German insurers of German owners of German property that were Jewish did not have to pay for the damages, that was "taxation"?

If two neighbors own adjacent homes in a neighborhood, and one assumes that in most neighborhoods, neighbors will normally have income levels in line with each other, and one a "German" and one a "German" Jew, are you suggesting that Nazi taxation policy drove the German Jew from his home, while his neighbor stayed?

Either way you look at it, and I assume you may pay property taxes, your simple answer of "...taxation, silly" is a bit silly. Or "taxation" for equivalent properties varies on who owns them per the religious affiliation.

Were Jewish businesses, properties, and homes taxed out of existence?

Mark

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