Switzerland, International Law and World War II

1997 ◽  
Vol 91 (3) ◽  
pp. 466-475 ◽  
Author(s):  
Detlev F. Vagts

The recent sudden upsurge of interest in Swiss behavior during and after World War II seems to call for a brief review of the international law issues that were relevant to that country’s decisions. Many of them, in particular the law of neutrals, have become obsolete and are obviously not understood by many commentators. Of course, to reach a judgment that the behavior of Switzerland was compatible with the rules of international law then in effect does not dispose of issues of humanity and morality. But it does contribute to explaining Swiss behavior, particularly since the Government in Bern was quite legalistic in its approach to the questions of the time.

1947 ◽  
Vol 41 (1) ◽  
pp. 20-37 ◽  
Author(s):  
George A. Finch

Retribution for the shocking crimes and atrocities committed by the enemy during World War II was made imperative by the overwhelming demands emanating from the public conscience throughout the civilized world. Statesmen and jurists realized that another failure to vindicate the law such as followed World War I would prove their incapacity to make progress in strengthening the international law of the future.1


2012 ◽  
pp. 335-349
Author(s):  
Fabrizio Marongiu Buonaiuti

The author comments on the judgment delivered by the ICJ on 3rd February 2012 in the case of Germany v. Italy, concerning jurisdictional immunity of the State against actions for compensation in respect of crimes committed during World War II. The article focuses on the intertemporal law aspects of the case, commenting that the ICJ, while correctly identifying State immunity rules as having a procedural nature, failed in clarifying that whenever their application requires a qualification of the relevant facts, this is to be performed pursuant to the law in force at the time they were committed. Arguably, at the time of the conflict, the category of jus cogens norms had not yet been sufficiently established, nor had a special regime of State responsibility for international crimes or for serious breaches of peremptory rules of general international law developed yet. Therefore, the supposed prevalence of the breached norms on State immunity rules, which the ICJ has correctly excluded due to the different nature of either set of rules, arguably was to be excluded for intertemporal reasons altogether.


Author(s):  
Grant Tom ◽  
Brent Richard

This book is concerned with the emergence of an international law of money laundering. The Introduction explains that a re-ordering of international monetary relations after World War II necessitated new approaches to the law of money in general. Epochal changes in monetary relations across borders have resulted in review and revision of the rules of international law concerned with money, and, accordingly, governments, legislatures, courts, and commentators have needed to re-visit those rules occasionally. The international law of money laundering has mostly been grafted upon the world’s monetary system; it has not involved the creation of a completely new system. However, the Introduction argues, it has had a significant impact. The impetus that has led states and international organizations to adopt money laundering rules at the international level is a reaction to a threat, or series of threats, originating largely outside the system. These threats include: organized crime on an international and macro-economic scale; terrorism; and the need to change the conduct of some states. This book as a whole presents an account of international law in its present evolving state in the field of tainted money. The chapters herein aim to address the law as it currently is; and close with a look at where the future of money might take us and those who aim to regulate its misuse.


2013 ◽  
Vol 107 (3) ◽  
pp. 632-638
Author(s):  
Filippo Fontanelli

In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this ruling, the Court of Cassation put an end to its decade long effort to find an exception to the well-known rule of customary international law providing for sovereign immunity from foreign civil jurisdiction for actsjure imperii. Thisrevirementresulted from the Court’s decision to give effect to the judgment of the International Court of Justice (ICJ) inGermany v. Italy.


Author(s):  
MILAN KOLJANIN ◽  
DRAGICA KOLJANIN

There are various doubts and ambiguities regarding the dispatch of the memorandum by the Government of the Independent State of Croatia (ISC) to the Western Allies asking for military intervention in early May 1945, giving rise to different interpretations in historiography. These varying interpretations are related to the circumstances of the dispatch of the memorandum, its text, the actions of prominent representatives of the Ustasha government, relations between the new Yugoslav authorities and Western allies, especially the British and the role of Archbishop Stepinac and the Holy See in the ISC. In order to understand the memorandum, it is necessary to consider the most important political and military circumstances at the end of World War II in Yugoslavia, especially the politics of the new Yugoslavia and the Western powers, primarily the British. The representatives of the Holy See in the ISC and the Archbishop of Zagreb, Alojzije Stepinac, played an important role in efforts to preserve the Ustasha state. This paper was written based on unpublished and published archival sources and relevant historiographical literature.


2013 ◽  
Vol 25 ◽  
pp. 55-79 ◽  
Author(s):  
Niklas Foxeus

The achievement of independence in 1948 was in many ways a watershed in Burma’s history. At this time, a variety of Buddhist movements emerged that were part not only of a ‘Burmese Buddhist revival’, in which even the government was involved, but also a general re-enchantment of Asia. In the period following World War II, projects of nation-building and further modernization were implemented in many newly independent Asian nation states. The theories of modernization adopted by the rulers had presupposed that a new, rationalized and secularized order that had set them on the path of ‘progress’ would entail a decline of religion. However, instead there was a widespread resurgence of religion, and a variety of new, eclectic religious movements emerged in Southeast Asia. In the thriving religious field of postcolonial Burma, two lay Buddhist movements associated with two different meditation techniques emerged, viz.; the insight meditation movement and the concentration meditation movement. The latter consisted of a variety of esoteric congregations combining concentration meditation with esoteric lore, and some of these were characterized by fundamentalist trends. At the same time, the supermundane form of Buddhism became increasingly influential in the entire field of religion. The aim of the present article is to discuss how this supermundane dimension has reshaped the complex religious field in Burma, with particular emphasis on the esoteric congregations; to present the Burmese form of esoteric Theravāda Buddhism, and to situate the fundamentalist trends which are present in these contexts.


Author(s):  
Hanna Kuczyńska

This article deals with the model for prosecuting Nazi crimes committed in Poland in the light of the model presently used in international criminal law. It tries to answer the question: should the investigation of crimes of international law be handed over to transnational tribunals? Should they be hybrid tribunals involving a national factor, or completely supra-national tribunals like the International Criminal Court? Is it legitimate to transfer jurisdiction over these matters to national courts? The case of unpunished Nazi crimes in Poland may give a partial answer to this question. Certainly, various attempts made after World War II, including procedures brought before Polish courts, have contributed to understanding the function of international criminal law, and finding the answer to the question of the best model for prosecuting crimes of international law. At present, we also have the experience of international criminal tribunals, in particular the ICC, which is an efficient machine for prosecuting crimes of international law. Interesting conclusions can be drawn from its functioning that could improve the work of Institute of National Remembrance (IPN) prosecutors, and shed new light on the considerations regarding the prosecution of Nazi crimes in Poland after World War II.


2018 ◽  
pp. 130-138
Author(s):  
Volodymyr Chornyi

The article analyses one of the most grievous chapters in the history of Ukrainian nation – the Great Famine (Holodomor) of 1932–1933. It is referred to the massive famine that was deliberately organized by the Soviet authorities, which led to many millions hu-man losses in the rural area in the territory of the Ukrainian SSR and Kuban. Planned confiscation of grain crops and other food products from villagers by the representatives of the Soviet authorities led to a multimillion hunger massacre of people in rural area. At the same time, the Soviet government had significant reserves of grain in warehouses and exported it abroad, since without collectivization and Ukrainian bread it was impossible to launch the industrialization that demanded Ukrainian grain to be contributed to foreigners in return for their assistance. Ukrainian grain turned into currency. The authorities of that time refused to accept foreign assistance for starving people and simultaneously banned and blocked their leaving outside the Ukrainian SSR. The so-called “barrier troops” were organized in order to prevent hungry people from flee to the freedom and not let anyone enter the starving area. The situation is characterized by the fact that the idea and practice of barrier troops tested on Ukrainians were lately used on the battlefields of the World War II. Among three Holodomors, the government did not conceal only the first one (1921–1922), as it could be blamed on the tsarist regime that brought the villagers to the poverty, and post-war devastation. The famine of 1946–1947 was silenced, but the population generally perceived it as a clear consequence of two horrendous misfortunes – the World War II and dreadful drought. Especially rigid was position of the government regarding the very fact of genocide in 1933–1933 not only its scale. The author emphasizes that the Great Famine is refused to be admitted not because it was unreal but to avoid the assessment of its special direction against Ukraine and Ukrainian nation, saying instead that it affected the fate of all nations. The article describes the renovation of internal passports system and the obligatory registration at a certain address that took place in the USSR in 1932. Decree of the Council of People’s Commissars of the USSR stipulated the fact that people living in rural areas should not obtain passports. Therefore, collective farmers of the Ukrainian SSR actually did not obtain passports. The villagers were forbidden to leave collective farms without signed agreement with the employer, that deprived them of the right to free movement. Even after the introduction of labour books the collective farmers did not obtain them either. The author describes the destruction of the collective farms system that his parents dedicated their entire labour life to. Instead of preserving productive forces, material and technical base and introducing new forms of agrarian sector management and the whole society to the development path, this system has been thoughtlessly destroying and plundering. Keywords: Holodomor, Ukrainian villagers, collectivization, genocide, confiscation, barrier troops.


Author(s):  
Antonello Tancredi

This chapter addresses the development, after World War II, of two different currents of thought inherited by the Italian international law doctrine from the interwar period: dogmatism and structuralism. The analysis of some fundamental writings concerning topics such as the foundation and the social structure of the international legal order tries to offer a reading lens on some of the most important scientific trends (especially ‘realism’ and ‘neo-normativism’) of the post-World War II period and on the scholars that animated such approaches. Thanks to the identification of some structuring ideas, it will then be possible to briefly examine other issues concerning, for instance, the relationship between international and domestic law after the 1948 Republican Constitution, sovereignty, etc. The evolution of the methodology of international law will have a relevant part in the analysis of theoretical approaches developed by Italian scholars in this period.


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