Punishment of Offenders Against the Laws and Customs of War

The treaty of peace between Germany and the Allied and Associated Powers, signed at Versailles on the 28th of June, 1919, formally sanctioned the principle that individuals belonging to the armed or naval forces of the adversary, as well as his civil functionaries, are responsible under military law...

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Bibliographic Details
Published in:The American journal of international law 1920-01, Vol.14 (1-2), p.70-94
Main Author: Garner, James W.
Format: Article
Language:English
Subjects:
Criminal courts
Criminal law
Criminal punishment
Criminals
Jurisdiction
Laws of war
Peace treaties
Soldiers
Trials
War
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Summary:The treaty of peace between Germany and the Allied and Associated Powers, signed at Versailles on the 28th of June, 1919, formally sanctioned the principle that individuals belonging to the armed or naval forces of the adversary, as well as his civil functionaries, are responsible under military law for offenses against the laws and customs of war and may be tried and punished for such offences. The treaty declares that Germany recognizes “the right of the Allied and Associated Powers to bring before military tribunals persons accused of having committed acts in violation of the laws and customs of war.” It adds: “Such persons shall, if found guilty, be sentenced to punishments laid down by law. This provision will apply notwithstanding any proceedings or prosecution before a tribunal in Germany or in the territory of her allies.” The treaty further requires Germany to hand over to the Allied and Associated Powers, or to such of them as shall so request, all persons accused of having committed an act in violation of the laws and customs of war, who are specified either by name or by the rank, office, or employment which they held under the German authorities, and to furnish “all documents and information of every kind, the production of which may be considered necessary to the full knowledge of the incriminating facts, the discovery of offenders, and the just appreciation of responsibility.
ISSN:0002-9300
2161-7953
DOI:10.2307/2187840