News for hackers. Stuff that matters.
Re:Stanford launches Archive of the Military Tribunal at Nur... by eschulz on Friday June 02, 2023 @06:28PM (#36171639)
The Nuremberg Trials were fascinating. While I think many of the individuals leading the tribunal were trying to do a good job in the tradition of their respective nations' legal frameworks, the victorious allies could really not see eye to eye on what was a fair measure of retribution, rehabilitation, deterrence, etc. So my take is that largely all legal norms were discarded or violated, and the tribunal had to reach sentences and conclusions that were politically and diplomatically acceptable for the US, UK, France, and the USSR (not to mention a dozen or more other nations relying on the four victorious major powers in the immediate aftermath of the war).
Re:Stanford launches Archive of the Military Tribunal at Nur... by dmix on Friday June 02, 2023 @06:32PM (#36171688)
Are there any good documentaries or books that dig into this without getting to academic?
Re:Stanford launches Archive of the Military Tribunal at Nur... by 0xdeadbeefbabe on Friday June 02, 2023 @06:37PM (#36171735)
Eichmann in My Hands by Peter Malkin
Re:Stanford launches Archive of the Military Tribunal at Nur... by sbenji on Friday June 02, 2023 @08:18PM (#36172442)
Eichmann was not prosecuted until 1961. This prosecution was in Israel.
Re:Stanford launches Archive of the Military Tribunal at Nur... by eschulz on Friday June 02, 2023 @06:43PM (#36171794)
I'd be very curious to see what people recommend since I think it's very important to consider how the victors behaved at the end of the war. I studied some details about Nuremberg while in law school, from an Anglo American legal point of view, and then I spent a lot of time on wikipedia learning the historical background of the individuals involved.
Re:Stanford launches Archive of the Military Tribunal at Nur... by amsully on Friday June 02, 2023 @07:43PM (#36172228)
I've posted a top level comment as I felt it was worth it, but the last surviving prosecutor passed away April 2023 and wrote multiple inspiring works on the topic. Lookup Ben Ferencz' 'Parting Words' . While the book doesn't spend its entire time on the trial, it discusses the difficulties of holding people accountable for war crimes (even today).
Re:Stanford launches Archive of the Military Tribunal at Nur... by Animats on Friday June 02, 2023 @09:10PM (#36172718)
The movie "Judgment at Nuremberg" (1961) is the classic summary. It's a docu-drama, but reasonably accurate. All the big stars of the day, from Spencer Tracy to Judy Garland. William Shatner has a minor role.
Re:Stanford launches Archive of the Military Tribunal at Nur... by billfruit on Friday June 02, 2023 @09:34PM (#36172845)
The Final Reckoning: Nuremburg Diaries by Boris Polevoi provides a Soviet perspective.

Also it is full of courtroom art/sketches from the proceedings.

Re:Stanford launches Archive of the Military Tribunal at Nur... by sillywalk on Friday June 02, 2023 @08:17PM (#36172436)
Not to mention all the major powers had committed similar atrocities in their own pasts, and they all were racing to collect Nazi/Japanese scientists.
Re:Stanford launches Archive of the Military Tribunal at Nur... by rajin444 on Friday June 02, 2023 @08:41PM (#36172586)
Weren't they in the process of committing some as these trials were ongoing? I don't think there's a reliable number, but certainly 6 figure and likely 7 figure death tolls for ethnic Germans due to postwar resettlements etc.
Re:Stanford launches Archive of the Military Tribunal at Nur... by boppo1 on Saturday June 03, 2023 @12:32AM (#36173734)
This sounds sorta lost-cause-y. 1,000,000 civilians killed in postwar orchestrations?
Re:Stanford launches Archive of the Military Tribunal at Nur... by ekianjo on Saturday June 03, 2023 @12:56AM (#36173831)
Yes an awful lot of civilians died after the war for numerous reasons. People rarely talk about it.
Re:Stanford launches Archive of the Military Tribunal at Nur... by oneshtein on Saturday June 03, 2023 @03:05AM (#36174391)
11 millions were killed and 25 millions were starved to death by Soviets prior to the war. ("Svoboda" Oct 04 1941 [0]).

0: http://web.archive.org/web/20160709210523/https://www.svobod...

Re:Stanford launches Archive of the Military Tribunal at Nur... by hef19898 on Saturday June 03, 2023 @02:28AM (#36174259)
I love it to read those old, like dating back to basically 1945, Nazi apologist arguments online. Hell, those never seem to. They do follow the same principle and line of argument so.

The only good thing, they show very clearly what kind of person people using them are.

Re:Stanford launches Archive of the Military Tribunal at Nur... by lostlogin on Saturday June 03, 2023 @04:15AM (#36174723)
> all the major powers had committed similar atrocities in their own pasts

The Soviets for sure, but are you really arguing that the US and UK (and Empire) were operating on the same industrial level? Incidents that come to mind for me would include the Bengal famine, and it was terrible, but it wasn't the systematic and controlled killing at which the Soviets and Nazis became so expert.

https://www.theguardian.com/world/2019/mar/29/winston-church...

https://en.wikipedia.org/wiki/Bengal_famine_of_1943

Re:Stanford launches Archive of the Military Tribunal at Nur... by hn976827 on Saturday June 03, 2023 @06:04AM (#36175256)
> are you really arguing that the US and UK (and Empire) were operating on the same industrial level?

The slave trade was certainly an industrial level, yes.

Re:Stanford launches Archive of the Military Tribunal at Nur... by sillywalk on Saturday June 03, 2023 @01:22PM (#36178549)
Not the same level, but genocide of indigenous people, human experiments, eugenics, the whole process of colonization.

The Brits invented the modern concentration camp during the Boer War.

Re:Stanford launches Archive of the Military Tribunal at Nur... by parabyl on Friday June 02, 2023 @08:29PM (#36172524)
These sorts of ordeals (not that there have been many of them) truly fascinate me - especially with regard to the decisions on 'appropriate' retributive justice. As a student growing up in South Africa we were often asked to compare the objectives and results of the Nuremburg trials alongside the Truth and Reconciliation Comission at the fall of Apartheid. The TRC allowed those accused (on both sides), to come forward and provide an honest recounting of their crimes to the court and family of the victim, and receive amnesty in return.

Especially given that I'm of a generation born near the end of Apartheid, we grew up with the "badge of honour" mentality around the TRC. But almost 30 years later, many of the victims of these crimes are left feeling like the perpetrators got off scott-free, for an often half-recounting of the event and not much more. It's not uncommon to hear references to Nuremburg when discussing the more henoius crimes described - for example, a doctor performing the sorts of acts those at Nuremburg were tried for, who was recently discovered to be a family GP in one of the Nation's capitals, quietly continuing his life. However, it's not an opinion I would say is particularly strong in those who have it, nor too commonly discussed - but it's an interesting weighing up of "an appropriate justice which would please all participants was difficult, or impossible to decide", versus "it's incredible that the participants and organisers were able to come to a decision that did what it said on the box, mostly".

I was particularly interested to see suggestions of a TRC (based on South Africa's own) introduced to deal with the after-effects of the 'Troubles' in Ireland, England and Northern Ireland - and it appeared to be a strong "NO" from all sides, which I found fascinating as it did not seem driven only by a need for appropriate retributive justice, but rather (in my opinon) seemed driven by the belief that we have the ability to draw finer lines as a group, and need not polarize our decisions between harsh, message-sending retribution and amnesty for participation.

All that being said I couldn't tell you which pick given the choice, but it certainly feels hopeful reflecting on just how much care in group decision making and inclusive participation has been displayed in the past in such events.

Re:Stanford launches Archive of the Military Tribunal at Nur... by sgt101 on Saturday June 03, 2023 @04:02AM (#36174648)
I think that one of the concerns about a TRC in NI is/was that both sides saw the future opportunity for justice within the existing or likely to exist legal framework. A TRC would have nullified that and many people felt that the state actors (in particular) should not be allowed to evade potential accountability.
Re:Stanford launches Archive of the Military Tribunal at Nur... by roenxi on Saturday June 03, 2023 @10:16AM (#36176874)
I know not much at all about South Africa but what you describe puts me in mind of https://en.wikipedia.org/wiki/Newcomb's_paradox - the world will be better off if powerful criminals believe that they can give up their power and still live consequence-free. Then at least they have the option of giving up power and everyone might benefit.

If they think they'll be given the Gaddafi treatment [0] then the rational thing for powerful monsters to do is go down swinging.

It is better to have systems to punish crimes, but it is also important to have meaningful amnesty even at the expense of fairness.

[0] https://en.wikipedia.org/wiki/Disarmament_of_Libya

Re:Stanford launches Archive of the Military Tribunal at Nur... by vkou on Friday June 02, 2023 @10:47PM (#36173236)
And yet, all the sentences were laughably short. Organizing the worst mass slaughter in human history got most of its architects and functionaries less time than driving a getaway car for a convenience store robbery in Florida would.

And then most of them were paroled less than half way through their sentences.

Re:Stanford launches Archive of the Military Tribunal at Nur... by goodSteveramos on Friday June 02, 2023 @10:49PM (#36173242)
People who plead guilty and pledged loyalty to the new government were given light sentences. People who plead innocent were executed. The results could hardly be called inexplicable.
Re:Stanford launches Archive of the Military Tribunal at Nur... by vkou on Friday June 02, 2023 @11:09PM (#36173337)
Incorrect.

Most of them weren't even tried.

And of those that were, most of the ones who fought the charges weren't convicted, or were convicted of far lesser charges. Only a few got death sentences.

... For instance, the industrialists that bankrolled the Nazis, ran their factories with slave labour, and made posion gas for exterminating Jews and other victims of fascism got 2 to 7 years, with most of them being acquitted.

Of the four death sentences handed out in the SS trials, only one was actually carried out. None of them, including the people who got life sentences actually served more than 10 years!

If this is victor's justice, the victors did a shit job of actually punishing the losers.

Re:Stanford launches Archive of the Military Tribunal at Nur... by goodSteveramos on Friday June 02, 2023 @11:49PM (#36173527)
Thats not incorrect. The idea that people working for companies making basic supplies are guilty of murder for what their own government did with said supplies without their knowledge is so absurd that by your own admission they were not even tried. But that makes the trials of people who were fair? How about you directly enumerate the rights they were or were not afforded to determine if their trials were fair.
Re:Stanford launches Archive of the Military Tribunal at Nur... by oezi on Saturday June 03, 2023 @01:40AM (#36174039)
> without their knowledge

I would beg to differ. The industrial magnates of this German era where all well aware of what their supplies were going towards: A 'total war' that didn't stop at exterminating anybody considered inferior.

Each individual case is certainly difficult but there is a line where you can and should be tried as an employee for participating in something which violates laws and or ethical boundaries. And this doesn't apply only to the manufacturing of something like Zyklon B nerve gas.

Re:Stanford launches Archive of the Military Tribunal at Nur... by KRAKRISMOTT on Saturday June 03, 2023 @05:02AM (#36174950)
Do you expect the executives of Raytheon and Lockheed to be put on trial if they lose a war too? You don't want to open that can of worms. Living by the sword is for soldiers and military, not for the civilian government. In the past, royalty who lost a battle were treated well and ransomed precisely to prevent blowback when the shoe is on the other foot.
Re:Stanford launches Archive of the Military Tribunal at Nur... by vkou on Saturday June 03, 2023 @11:50AM (#36177627)
If the US starts a six-year war of extermination against Jews and Slavs and Roma and others, killing 30 million people, I think more than the executives of Raytheon should stand to lose their heads, but it would be a good start.

It certainly wouldn't help their case if they also used slave labour, and bankrolled the fringe party that went ahead to seize power, and unleash that horror upon the world.

'Just following orders' isn't a valid defense for a lieutenant, and it absolutely isn't a viable defense for a general. Or for someone like Krupp.

Re:Stanford launches Archive of the Military Tribunal at Nur... by goodSteveramos on Monday June 05, 2023 @12:33PM (#36198815)
Firstly, Zyklon B is not “nerve gas” its cyanide that was manufactured as an insecticide to disinfect lice. If you have proof that the employees making it had knowledge of its use as a murder weapon please present it. Otherwise you are just going on a witch hunt to enact vengeance on people just for being German.
Re:Stanford launches Archive of the Military Tribunal at Nur... by oezi on Tuesday June 06, 2023 @04:43PM (#36218840)
As a German I am a bit saddened that you are coming to defend some of the most murderous tools of mass annihilation.

Zyklon A (the predecessor product) was banned after the first world war due to its use as a weapon in the war.

And Bruno Tesch - the inventor of Zyklon B - was executed in 1946 for knowingly selling the product to the SS for use on humans (at least according to Wikipedia).

In essence, the people in Germany knew very well what their leadership was doing and they supported it. Too few were ever held accountable.

This is not about vengeance (there isn't such a concept in the modern justice systems, right?). It is about accountability for your own atrocities. Germans grow up learning this in the hope it can prevent another event like the Holocaust.

This kind of accountability extends to everyone. Even scientists in the trenches who participate developing those technologies that might be misused.

Re:Stanford launches Archive of the Military Tribunal at Nur... by goodSteveramos on Thursday June 15, 2023 @06:07AM (#36338382)
Once again you just keep asserting things without any evidence and in its place attack anyone who asks for it as “defending murderers” as if that is a foregone conclusion. This is the logic of charlatans and liars my friend. Think a bit harder about why you believe these things and if it is evidence and not emotion share it with me please.
Re:Stanford launches Archive of the Military Tribunal at Nur... by eyelidlessness on Saturday June 03, 2023 @02:04AM (#36174149)
> The idea that people working for companies making basic supplies are guilty of murder for what their own government did with said supplies without their knowledge is so absurd

That idea is absurd.

Re:Stanford launches Archive of the Military Tribunal at Nur... by jpmoral on Saturday June 03, 2023 @06:32AM (#36175384)
@vkou mentioned industrialists, not rank-and-file employees.
Re:Stanford launches Archive of the Military Tribunal at Nur... by goodSteveramos on Thursday June 15, 2023 @06:14AM (#36338435)
Ok. Can anyone name an industrialist and present evidence that he thought people were being murdered with his company’s products? If not this is just mindless lashing out at powerless Germans for losing the war.
Re:Stanford launches Archive of the Military Tribunal at Nur... by ekianjo on Saturday June 03, 2023 @12:51AM (#36173813)
We are still waiting for the war criminals who bombed Dresden to be tried as well.
Re:Stanford launches Archive of the Military Tribunal at Nur... by lostlogin on Saturday June 03, 2023 @03:56AM (#36174622)
Why? They are dead.
Re:Stanford launches Archive of the Military Tribunal at Nur... by ekianjo on Saturday June 03, 2023 @04:02AM (#36174649)
exactly. that trial never happened.
Re:Stanford launches Archive of the Military Tribunal at Nur... by lostlogin on Saturday June 03, 2023 @04:05AM (#36174662)
I guess we aren't waiting for a trial then.
Re:Stanford launches Archive of the Military Tribunal at Nur... by matheusmoreira on Saturday June 03, 2023 @02:27AM (#36174255)
You do remember that Germany's humiliation at Versailles was a major factor leading up to WWII, right?

Are you absolutely sure you need to humiliate a nation even after you achieved total military victory?

Re:Stanford launches Archive of the Military Tribunal at Nur... by hef19898 on Saturday June 03, 2023 @02:49AM (#36174338)
Versaille played a role, the Nazi's used, and the reparations, for propaganda. WW1 and WW2 were different so, as in WW1 a lot less genozide happened. What was very convinient for both, Allies and Axis, was the coming cold war. It allowed them to quickly forego the necessary clean-up work of Germany, an ugly and lengthy thing, and just go and use former Nazis to continue the "good fight against Communism".

That the Allies choose the Marshall over the Morgenthau plan was a good call so, even if the former would have worked as well including a complete purge of Nazis from Germany.

Re:Stanford launches Archive of the Military Tribunal at Nur... by vkou on Saturday June 03, 2023 @03:41AM (#36174549)
I'm sure you're able to tell the difference between the guilt of Germany's government and various other collaborators in terms of starting and prosecuting WWI, and how it started, and what it did in WWII.

Observe that nobody was put on trial for the former.

Re:Stanford launches Archive of the Military Tribunal at Nur... by matheusmoreira on Saturday June 03, 2023 @03:56AM (#36174623)
Those monsters took a crushed Germany and turned her into an economical, technological and military power house capable of waging war against the world. Would you "disentangle" yourself from something like that? Remember, they were once popular.

It's a mistake to think you're not crushing a nation's pride and self-respect by exacting vengeance against your monsters. Their restraint was wise and showed they learned valuable lessons.

Re:Stanford launches Archive of the Military Tribunal at Nur... by sorokod on Saturday June 03, 2023 @03:27AM (#36174486)
"So my take is that largely all legal norms were discarded or violated"

Could you give some examples?

Re:Stanford launches Archive of the Military Tribunal at Nur... by lostlogin on Saturday June 03, 2023 @03:55AM (#36174617)
It's not exactly what you are asking, but the tribunal wasn't even internally consistent. Look at Albert Speer. He wasn't executed and was about as high in the Nazi organisation as one could rise. Uniquely, he accepted (some) responsibility but other than that, the ruling is not very consistent.

https://en.wikipedia.org/wiki/Albert_Speer

Re:Stanford launches Archive of the Military Tribunal at Nur... by sorokod on Saturday June 03, 2023 @04:09AM (#36174684)
Thanks, for reference, the list of defendents

https://en.m.wikipedia.org/wiki/List_of_defendants_at_the_In...

Re:Stanford launches Archive of the Military Tribunal at Nur... by kashunstva on Saturday June 03, 2023 @05:14AM (#36175002)
Where it suited the U.S. Cold War objectives, they turned a blind eye to certain individuals, notably scientists. Hoping to deprive the Soviets of scientific expertise in rocket design and various topics related to nuclear weapons, the U.S. created an extra-judicial pathway that bypassed prosecution for some.

SS Sturmbannführer Wehrner von Braun almost certainly knew of forced labour used in the V2 program but rose to prominence in NASA with no reckoning of his past.

The book “Operation Paperclip” delved into this and other examples.

Re:Stanford launches Archive of the Military Tribunal at Nur... by ChuckNorris89 on Saturday June 03, 2023 @06:46AM (#36175462)
>SS Sturmbannführer Wehrner von Braun almost certainly knew of forced labour used in the V2 program but rose to prominence in NASA with no reckoning of his past.

And the US knew of the slave labor used by Belgium in Congo to extract uranium for the nuclear weapons program which killed dozens to hundreds of Congolese but for some reason we never talk about that as it's always "hey, don't look over there, look at the evil Nazis instead".

Re:Stanford launches Archive of the Military Tribunal at Nur... by pseudo0 on Saturday June 03, 2023 @05:26AM (#36175067)
The Nuremberg Charter effectively admits this:

> The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and nontechnical procedure, and shall admit any evidence which it deems to be of probative value.

You can't have a fair trial when the prosecution gets to admit whatever evidence it wants, including evidence that would normally be inadmissable (eg. Hearsay, admissions made through coercion or torture, etc). The tribunal was effectively a show trial, and in my opinion they should have just dispensed with the theater and carried out the predetermined punishments.

https://h2o.law.harvard.edu/text_blocks/2749

Re:Stanford launches Archive of the Military Tribunal at Nur... by emkemp on Saturday June 03, 2023 @03:55PM (#36179970)
I think labeling it a "show trial" goes too far. Three of the original defendants (Fritzsche, von Papen, and Schacht) were acquitted; and Doenitz was spared the death penalty for his unrestricted submarine warfare orders because similar orders were issued by the victorious Allies. I doubt a full-on show trial would have been as just or merciful.
Re:Stanford launches Archive of the Military Tribunal at Nur... by rich_sasha on Saturday June 03, 2023 @05:31AM (#36175093)
Another example is that the crimes for which various Nazis were tried were not codified to be crimes in any legal document at the tim. Bombing civilians etc was not, as such, banned by any international law, nor were genocide, concentration camps etc, and indeed the Allies did at times similar things themselves.

So although the Nuremberg trials were fashioned as a court of law and followed legal-esque principles, there was no written law or could follow; it simply didn't exist.

Hence, the tribunal was considered by some lawyers to be a mockery of court. The verdicts were effectively known ahead of time and no laws could really be cited, no legal process to follow.

That said, I'm not sure what would be a better alternative.

Re:Stanford launches Archive of the Military Tribunal at Nur... by tdba on Saturday June 03, 2023 @02:38PM (#36179311)
One of the main points against the validity of the Trials is that some of the most high profile defendants confessed to things that were either not true or greatly exaggerated versions of the truth. E.g. Rudolf Hoess, the commandant of Auschwitz, confessed to having murdered three million people there, whereas in reality the number could not have been much more than 1 million.