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Punishment of War Criminals

Published online by Cambridge University Press:  27 February 2017

Charles Cheney Hyde
Charles Cheney Hyde*
Affiliation:
Columbia University
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Abstract

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Type
Second Session
Information
Proceedings of the American Society of International Law at its annual meeting (1921-1969) , Volume 37 , 1943 , pp. 39 - 46
Copyright
Copyright © American Society of International Law 1943

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References

1 First and second Molotov notes on German atrocities, issued on behalf of the Embassy of the U.S.S.R. in London, 1942; the third Molotov note, likewise issued, 1942.

2 Punishment for War Crimes. The Inter-Allied Declaration, signed at St. James's Palace, London, Jan. 13, 1942.

3 Dept. of State, Bulletin, Aug. 22, 1942, pp. 709-710.

4 See Dept. of State, Bulletin, Oct. 10, 1942, p. 797.

5 See New York newspapers of April 22, 1943.

6 New York Times, April 22, 1943, p. 4.

7 Paragraph 3.

8 Dept. of State, Bulletin, Aug. 22, 1942, p. 710.

9 See Arts. 328-330, U. S. Treaties, Vol. Ill, pp. 3418-3419.

10 See Mullins, Claud, The Leipzig Trials, with introduction by Sir E. Pollock, London, 1921 Google Scholar; Garner, J. W., International Law and the World War, London, 1920, Vol. II, pp. 471-481 Google Scholar. See also Finch, George A., “Retribution for War Crimes,” Am. Jour. Int. Law, Vol. 37 (1943), p. 80, who calls attention to the fact that in the Armistice of Nov. 11,1918 (U. S. Treaties, Vol. III , p. 3308) it was agreed that “No person shall be prosecuted for having taken part in any military measures previous to the signing of the armistice.”Google Scholar

11 It will be recalled that although not prepared to admit that the so-called neutrality rules, set forth in its treaty with the United States of May 8, 1871, were declaratory of international law, the British Government consented that they be taken in substance a the test of the propriety of British treatment of the Alabama and other vessels, by the arbitrators in the Geneva Arbitration (Malloy's Treaties, I, 703).

12 See Garner, J. W., Int. Law of World War, Vol. II, � 588; also U. S. Army Rules of Land Warfare, 1940, No. 347. The Dover Castle, Ann. Dig. 1923-1924, Case No. 231; The Llandovery Castle, id., Case No. 235. See also J. L. Brierly in Brit. Y. B. 1927, pp. 81, 85-86Google Scholar.

13 See Case of the German Saboteurs, Ex Parte Quirin, 63 S. Ct. 1; Am. Jour. Int. Law, Vol. 37 (1943), p. 152.