scholarly journals A Primer on Citizenship Revocation for WWII Collaboration: The 1998-1999 Federal Court Term

1969 ◽  
pp. 415
Author(s):  
Claire I. Farid
Keyword(s):  
World War Ii ◽  
War Crimes ◽  
Federal Court ◽  
Crimes Against Humanity ◽  
World War ◽  
Security Screening ◽  
The Government ◽  
Modern War

This article provides a review of recent jurisprudence in relation to revocation of citizenship proceedings against those alleged to have committed war crimes or crimes against humanity. The author discusses proceedings involving citizenship obtained by deception by those involved in World War II, with a particular focus on five cases decided in late 1998 and 1999. The article addresses both procedural and substantive issues that have arisen in these proceedings. Although past procedural problems of characterization of the proceedings, the scope of required notices, and rights to appeal have generally been clarified in recent jurisprudence, some specific problems still remain to be resolved. The author points out that the substantive issues surrounding collaboration, actual post-WW Il security screening practices, the existence of a duty of candour, and the legal authority for security screening of immigration applicants still remain in a state of uncertainty as the current cases have provided conflicting results. Interpretation of old legislation and the determination of how such legislation was actually applied to security screening by immigration officials at the time of the immigrant's application are the main concerns in deciding these substantive issues. Matters are further complicated by the lack of evidence, both testimonial and documentary. The resolution, or lack thereof, of the procedural and substantive issues will have a bearing on proceedings initiated by the government in relation to modern war crimes cases.

THE RENDULIC ‘RULE’: MILITARY NECESSITY, COMMANDER'S KNOWLEDGE, AND METHODS OF WARFARE

2009 ◽  
Vol 12 ◽  
pp. 119-155 ◽  
Author(s):  
Brian J. Bill
Keyword(s):  
World War Ii ◽  
War Crimes ◽  
World War ◽  
Law Of War ◽  
Ex Post ◽  
War Crimes Trials ◽  
Ex Post Facto ◽  
The Law ◽  
Compliance With The Law ◽  
Modern War

AbstractUnlike most other areas of international law which address only State responsibilities, the law of war assigns to individuals the responsibility to observe positive rules. The threat of being charged with a war crime, with all the attached opprobrium, is the chief means by which observance of the law of war is ensured. No one could rightly argue that war crimes prosecutions, even if they were always effectively prosecuted – and they are not – ensure perfect compliance with the law, but they are the best mechanism devised to date. Although war crimes trials has earlier antecedents, the prosecutions following World War II marked the beginning of the modern war crimes model.World War II prosecutions were notable for the scale of atrocities alleged in the various indictments. Once the crimes were defined, and the architecture put in place to establish the various tribunals, proof of wrongdoing was rarely in doubt. There were expected legal issues to be sure: claims ofex post factocrimes, immunities for acts of state, and the defense of superior orders, among many others; but in general prosecutors fully expected convictions across the board. And many convictions did result, though there were several exceptions that resulted in full or partial acquittals.

The Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity

1971 ◽  
Vol 65 (3) ◽  
pp. 476-501 ◽  
Author(s):  
Robert H. Miller
Keyword(s):  
World War Ii ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
World War ◽  
Judicial Proceedings

A quarter of a century has now elapsed since the end of World War II. During that time concerted efforts have been made to bring to justice those responsible for the appalling atrocities committed in the name of the Nazi forces. While many of the principal authors of war crimes have been punished, some of them are known to be still at large. Either by managing to escape detection or by fleeing to a country of haven, they have successfully avoided prosecution and punishment. In other cases 1 judicial proceedings have not yet been completed against persons suspected of war crimes or crimes against humanity.

The First Wave of International War Crimes Trials: Istanbul and Leipzig

2006 ◽  
Vol 14 (4) ◽  
pp. 441-455 ◽  
Author(s):  
ALAN KRAMER
Keyword(s):  
War Crimes ◽  
Second World War ◽  
Crimes Against Humanity ◽  
World War ◽  
The First World War ◽  
War Crimes Trials ◽  
International War ◽  
Second World ◽  
First World ◽  
Foundation Stone

The Nuremberg tribunal following the Second World War is universally considered as the foundation stone of international law with regard to war crimes and crimes against humanity. It may come as a surprise, however, to learn that the first international attempts to prosecute war crimes and crimes against humanity came at the end of the First World War, with trials held at Allied prompting in Turkey and Germany.

Canada at Peace and Soldiers at War: Canadian U.N. Soldiers in Korea, Egypt, and Vietnam

2018 ◽  
Author(s):  
Bronwyn Jaques
Keyword(s):  
World War Ii ◽  
Positive Impact ◽  
Home Front ◽  
World War ◽  
Military Conflicts ◽  
High Regard ◽  
Canadian Military ◽  
The Cold War

In recent years, Canadian peacekeeping and UN involvement has assumed a place of high regard, reverence, and veneration, often at the expense of Canada’s military past. While its glorification is in many ways justified, the mythology surrounding Canada’s peacekeeping role has compelled many Canadians to view Canada solely as a peacekeeping nation. As a result, peacekeeping has become the “touchstone of our identity.” This mythology distorts the reality of Canadian military action to the point where Canadian veterans of NATO conflicts are often forgotten and it ignores the fact that many of the first peacekeepers left Canada “virtually unnoticed,” without the recognition and support of their nation. The mythology of peacekeeping misrepresents Canadian military conflicts and ignores that, in spite of the characterization of peacekeepers as nonviolent and unbiased actors, the majority of them were first and foremost Canadian soldiers, many of whom veterans of World War II. For the soldiers who came of age on the battlefields of Europe, the role of peacekeeping was a frustrating and politically charged experience, whereby they held no power and they felt they made very little positive impact. Despite the virtually universal glorification and celebration of peacekeepers in recent years, investigation of the “Cold War Home Front” demonstrates the difficulties faced by Canadian NATO soldiers, U.N. peacekeepers and their families in a society that wanted to move beyond the years of struggle, pain and sacrifice in war time and had little sympathy for the men and women who ‘chose’ to leave their families to serve in wars their nation was not fighting.

scholarly journals “I Would Prefer to Be Famous”

2018 ◽  
Vol 28 (4) ◽  
pp. 372-390 ◽  
Author(s):  
Susanne Karstedt
Keyword(s):  
World War Ii ◽  
Comparative Analysis ◽  
Transitional Justice ◽  
International Criminal Tribunal ◽  
Crimes Against Humanity ◽  
Data Sets ◽  
World War ◽  
War Criminals ◽  
Atrocity Crimes ◽  
The Impact

The reentry of sentenced perpetrators of atrocity crimes is part and parcel of the pursuit of international and transitional justice. As men and women sentenced for war crimes, crimes against humanity and genocide by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the other tribunals return from prisons into society and communities questions arise as to the impact their reentry has on deeply divided postconflict societies, in particular on victim groups. Contemporary international tribunals and courts mostly do not have penal or correctional policies of their own, and the legacy of early release, commuting of sentences and amnesties that Nuremberg and other post-World War II tribunals have left, is a particularly problematic one. Germany’s historical experience provides an analytic blueprint for understanding in which ways contemporary perpetrators return into changed and still fragile societies. This comparative analysis between Nuremberg and the ICTY is based on two data sets including information on returning war criminals sentenced in both tribunals. The comparative analysis focuses on four themes: politics of reentry, admission of guilt and justification, memoirs, and political activism.

scholarly journals ARCHBISHOP STEPINAC, THE INDEPENDENT STATE OF CROATIA AND WESTERN ALLIES

1970 ◽  
pp. 272-293
Author(s):  
MILAN KOLJANIN ◽  
DRAGICA KOLJANIN
Keyword(s):  
World War Ii ◽  
Military Intervention ◽  
World War ◽  
Independent State ◽  
Holy See ◽  
Government Relations ◽  
The Government

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.

scholarly journals Esoteric Theravada Buddhism in Burma/Myanmar

2013 ◽  
Vol 25 ◽  
pp. 55-79 ◽  
Author(s):  
Niklas Foxeus
Keyword(s):  
World War Ii ◽  
Present Article ◽  
Nation Building ◽  
Religious Movements ◽  
Theravada Buddhism ◽  
World War ◽  
Nation States ◽  
Asian Nation ◽  
Insight Meditation ◽  
The Government

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.

scholarly journals It was Deliberate Way to a Famine

2018 ◽  
pp. 130-138
Author(s):  
Volodymyr Chornyi
Keyword(s):  
World War Ii ◽  
Rural Area ◽  
Rural Areas ◽  
Foreign Assistance ◽  
World War ◽  
Soviet Government ◽  
Great Famine ◽  
The World ◽  
The Government ◽  
Collective Farms

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.

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