Crimes against humanity

“ The Fourth Count of the Indictment is based on crimes against humanity. Chief among these are mass killings of countless human beings in cold blood. Does it take these men by surprise that murder is treated as a crime?
The First and Second Counts of the Indictment add to these crimes the crime of plotting and waging wars of aggression and wars in violation of nine treaties to which Germany was a party. There was a time, in fact I think the time of the first World War, when it could not have been said that war-inciting or war-making was a crime in law, however reprehensible in morals. ”

“ With regard to ‘crimes against humanity’, this at any rate is clear. The Nazis, when they persecuted and murdered countless Jews and political opponents in Germany, knew that what they were doing was wrong and that their actions were crimes which had been condemned by the criminal law of every civilized state. ”

“ Serious violations of Common Article 3, including violence to life and person, in particular murder of all kinds, mutilation, cruel treatment (including forced labour) and torture; and taking of hostages; and (b) Forcible recruitment of children. 2. Crimes against humanity 249. International law also establishes that certain abuses that form part of a widespread or systematic attack on a civilian population can constitute international crimes. ”

“ International Law, it may be said, does not attribute criminality to states, still less to individuals. But can it really be said on behalf of these Defendants that the offense of these aggressive wars, which plunged millions of peoples to their deaths, which by dint of war crimes and crimes against humanity brought about the torture and extermination of countless thousands of innocent civilians ”

“ The merciless fascist machine tried to force them to be deprived of all that which, as a result of centuries of human development, had become an integral part of humanity.
Thus, death hung over them constantly, but on their way to death they were forced to pass through numerous and agonizing phases, insulting to human dignity, which constitute, in their entirety, the charge entitled in the Indictment “Crimes against Humanity.” ”

“ War crimes involving murder, subjecting involuntary victims to low-pressure and freezing experiments, resulting in torture and death.
Count Three: Crimes against humanity, involving murder and the same unlawful acts specified in counts one and two against German nationals and nationals of other countries. ”

“ So also in regard to crimes against humanity. The right of humanitarian intervention on behalf of the rights of man trampled upon by the State in a manner shocking the sense of mankind has long been considered to form part of the law of Nations. Here, too, the Charter merely develops a pre-existing principle. If murder, raping and robbery are indictable under the ordinary municipal laws of our countries shall those who differ only from the common criminal by the extent and systematic nature of their offenses escape accusation? ”

“ Reaffirms its condemnation of all incitements to violence against civilians in situations of armed conflict, further reaffirms the need to bring to justice, in accordance with applicable international law, individuals who incite such violence, and indicates its willingness, when authorizing missions, to consider, where appropriate, steps in response to media broadcast inciting genocide, crimes against humanity and serious violations of international humanitarian law ”

“ Emphasizes the responsibility of all States to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity, and war crimes including those relating to sexual and other violence against women and girls, and in this regard stresses the need to exclude these crimes, where feasible from amnesty provisions ”

“ Shall not a people, who pique themselves on their politeness, pride themselves also on their humanity? Shall they obstinately persist in their inhumanity, merely because it is an ancient custom? Reserve, at least, such cruelty for the punishment of those hardened wretches, who shall have assassinated the father of a family, or the father of his country; but that a young person, who commits a fault which leaves no traces behind it, should suffer equally with a parricide; is not this an useless piece of barbarity? ”

“ The General Assembly is not an international legislature, but it is the most authoritative organ in existence for the interpretation of world opinion. Its recognition of genocide as an international crime is persuasive evidence of the fact. We approve and adopt its conclusions. Whether the crime against humanity is the product of statute or of common international law, or, as we believe, of both, we find no injustice to persons tried for such crimes. ”

“ There are also who think, that an act of cruelty committed, for example, at Constantinople may be punished at Paris; for this abstracted reason, that he who offends humanity, should have enemies in all mankind, and be the object of universal execration; as if judges were to be the knights-errant of human nature in general, rather than guardians of particular conventions between men. The place of punishment can certainly be no other, than that where the crime was committed; for the necessity of punishing an individual for the general good subsists there, and there only. ”

“ But the punishment of death is not authorised by any right; for I have demonstrated that no such right exists. It is therefore a war of a whole nation against a citizen, whose destruction they consider as necessary or useful to the general good. But if I can further demonstrate, that it is neither necessary nor useful, I shall have gained the cause of humanity. ”

“ Whether it be useful that nations should mutually deliver up their criminals? Although the certainty of there being no part of the earth where crimes are not punished, may be a means of preventing them, I shall not pretend to determine this question, until laws more conformable to the necessities and rights of humanity, and until milder punishments, and the abolition of the arbitrary power of opinion, shall afford security to virtue and innocence when oppressed ”

“ It must be admitted that the statute does not contain a definition at all and that characteristics of a crime against humanity are not stipulated. If you want to find such a specification for an independent crime against humanity, which is detached from crimes against peace and war crimes, you can only fall back on the notorious “sound feeling” and you will get lost in the void, because its limits are not fixed, but shift according to the political wish. ”

“ They may contemplate the effects of, what was so improperly called, ancient simplicity, and good faith; humanity groaning under implacable superstition; the avarice and ambition of a few, staining with human blood, the thrones and palaces of kings; secret treasons, and public massacres; every noble a tyrant over the people; and the ministers of the gospel of Christ, bathing their hands in blood, in the name of the God of all mercy. We may talk as we please of the corruption and degeneracy of the present age, but happily we see no such horrid examples of cruelty and oppression. ”

“ If there were an exact and universal scale of crimes and punishments, we should there have a common measure of the degree of liberty and slavery, humanity and cruelty of different nations. ”

“ So may these major criminals, who bear the main responsibility for the evil deeds of the fascists, be forced to answer to the martyrs to the full extent of the law of international justice for the indescribable atrocities which you will see with your own eyes, and for the many other crimes which will forever remain unknown. ”

“ It is not necessary among the ruins of this ancient and beautiful city, with untold members of its civilian inhabitants still buried in its rubble, to argue the proposition that to start or wage an aggressive war has the moral qualities of the worst of crimes. The refuge of the defendants can be only their hope that International Law will lag so far behind the moral sense of mankind that conduct which is crime in the moral sense must be regarded as innocent in law. ”

“ Now a scene of persecution and cruelty began which far exceeds in atrocity anything which history has related. Every tie of nature and society was broken, every duty and every relation violated, and torture forced from all alike false accusations, betrayal of friends, confession of impossible crimes ”

“ In truth it can be stated that never has a war carried on between civilized nations assumed the savage and ferocious character of the one which at this moment is being waged on our soil by an implacable adversary. Pillage, rape, arson, and murder are the common practice of our enemies; and the facts which have been revealed to us day by day at once constitute definite crimes against common rights, punished by the codes of every country with the most severe and the most dishonoring penalties, and which prove an astonishing degeneration in German habits of thought since 1870. ”

“ Yet the violation of the neutrality of Luxemberg; the violation of the French frontier before declaration of War; the violation of the Geneva Convention; the slaughter of prisoners and wounded; the rape and arson, loot and murder; the use of forbidden bullets and forbidden asphyxiating gas; the bombardment of unfortified towns; the treachery and needless cruelty inflicted against civil populations; the crimes on the high seas—all tower together into such a massive indictment as no nation has yet been driven by her tyrants to endure. ”

“ I propose today to prove to you that all this organized and vast criminality springs from what I may be allowed to call a crime against the spirit, I mean a doctrine which, denying all spiritual, rational, or moral values by which the nations have tried, for thousands of years, to improve human conditions, aims to plunge humanity back into barbarism, no longer the natural and spontaneous barbarism of primitive nations, but into a diabolical barbarism, conscious of itself and utilizing for its ends all material means put at the disposal of mankind by contemporary science. ”

“ Les Crimes Contre L’Humanite: c’est à dire l’assassinat, l’extermination, la réduction en esclavage, la déportation, et tout autre acte inhumain commis contre toutes populations civiles, avant ou pendant la guerre, ou bien les persécutions pour des motifs politiques, raciaux, ou réligieux, lorsque ces actes ou persécutions, qu’ils aient constitué ou non une violation du droit interne du pays où ils ont été perpétrés, ont été commis à la suite de tout crime rentrant dans la compétence du Tribunal, ou en liaison avec ce crime. ”

“ ADOLPHE. How strange it is that you can admit your faults and yet not repent of them.
HENRIETTE. It must be because I don't feel quite responsible for them. They are like the dirt left behind by things handled during the day and washed off at night. But tell me one thing: do you really think so highly of humanity as you profess to do?
ADOLPHE. Yes, we are a little better than our reputation—and a little worse.
HENRIETTE. That is not a straightforward answer.
ADOLPHE. No, it isn't. But are you willing to answer me frankly when I ask you: do you still love Maurice? ”