Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
A. Counsel, with that question you have approached a particularly
difficult problem. You know that the validity of the Hague Convention
of Land Warfare also concerning the clause of general participation
has very often been doubted. The Hague Convention of Land Warfare
with us was recast, and specifically--that cannot be doubted in my
view--most of what is said in the Hague Convention should be considered
as recast pursuant to article 4 of the constitution even if a specific
recasting did not occur. That follows from the history preceding the
Hague Convention of Land Warfare. When the parties to the treaty,
among them the German Reich, in 1907 signed the “Convention Concerning
Land Warfare,” for the most part they only laid down in law such
points which in any case were already international laws by customs
and, therefore, assured. It would not always be easy to say whether a
provision of the Hague Convention belongs to that group in part or not
or as a whole. Have I answered your question correctly?
Q. I would like you to refer to article 1 of the Hague Convention and
to read it to the Tribunal.
A. Yes. You mean article 1 of the Convention, or the appendix? Article
1 of the Convention you mean. Very often when one talks of the Hague
Convention of Land Warfare, one means the appendix. Article 1 is
a particularly concise example for the fact that the states were
conscious of the character of international law such as I described,
because it places the states under an obligation to give instructions
to their land armies which are in accordance with the enclosed Hague
Convention. As to the methods they employ, they are left open to the
various states. For example, the German Reich could without mentioning
the Hague Convention have passed a German law as to the behavior of the
German army in wartime. It was technically easier to give the order to
pay attention to the Hague Convention in the event of war. And thus,
the points laid down in the treaty as international law, and which
in the proper meaning do not affect the individual human being but
only bind the state as a whole, were reinterpreted by the legislative
authority to mean regulations applying to the conduct of the individual.
Q. Thank you, that answers the question.
* * * * * * *
Q. Professor, I had the opportunity to show you the book of Heinrich
Triepel, International Law and State Law. I would like to submit to you
pages 153 and 154 and ask you to read that part to the Tribunal and to
explain whether that is in accordance with your opinion.
A. I have in front of me the book of Heinrich Triepel, International
Law and State Law of 1899. This book--
Q. Excuse me, Professor. Is it the first edition? I have just been
asked if there are several editions.
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