History Of Military Tribunals During War Times

Term paper on History Of Military Tribunals During War Times

Introduction:

Military tribunals basically works where the conventional criminal and civil jurisdiction fails to operate. So it is beyond the scope of the civil and criminal jurisdiction of the state. Therefore, special judges are appointed by the community of states to hare such judicial proceedings. Where a variety of military officials serve as judges for the tribunal. However these tribunals are kept at a certain level of secrecy for the purpose of regular inquiries and trials.

Therefore the International Military Tribunals were started in October 1945 at Berlin, with the first tribunal trial known as the Nuremberg Trials. Basically it was initiated to condemn war crimes, conspiracy to commit crimes against peace, planning, initiating and waging wars of aggression as well as crimes against humanity. (Nuremberg Trials definition)

War crimes are related to the violations to the rule of law during wartime. These are basically the violation of the limits of violence permitted by law during wartime. These are in both the shape of treaties as well as customs, which are the two important sources of international law. However, these rules are related to many aspect of wartime. For instance it concerns to the status of soldiers and their rights, the rules related to the conduct of warfare, the treatment of the prisoners of war and most importantly the rules related to the occupation over another power via war that specifically deals with the rights and duties of the belligerents and the various citizens. Therefore any offence against these rules either set by the international treaties or customs are considered to be war crimes and these rules are a part of international law.

Historical Development of War Crimes Tribunals during Wartime

As Military Tribunals are a part of international law, it must be known that all such jurisdictions are criminal jurisdiction not civil, which exclusively depends upon the nature as well as the place of the crime. Where the connection to any such state via the nationality of the offender is determined for the application of this jurisdiction that is trial under military tribunals. However, serious crimes that include war crimes, crimes against peace and crimes against humanity, genocide, piracy, slavery, e, as well as torture are taken to trial in these tribunals. (Princeton Principles)

Though the Holy Roman Empire of the German Nation had set up an international tribunal long back in 1974 for the trial against rap civilians during wartime as well as killing and robbing these civilians at the same time. This encouraged the tribunal system under international law for crimes, which were committed during the wartime. (Bassiouni, M. Chief, 1991)

During the Post World War I period, war crimes were trailed by a set of jury to make decisions against such cases. However, these were not much well known due to the insufficient information provided about regarding these criminal prosecutions during the World War I. The Nuremberg Tribunal and the Tokyo Trials are openly known not only among the lawyers community but also all over internationally. Moreover, following the Versaillies Peace Treaty right after the end pf World War I, a commission was set to investigate the breach of law and customs of war in periods of war. (Report of Commission, 1995) These commissions also created some procedural rules as well as statutes for a war Crime Tribunals for the easy follow up of the other Military Tribunals during wartime. Moreover this International Military Tribunal for war crimes was more effectively used for important decisions after the Nuremberg Tribunals and Tokyo Trial, in the Former Yugoslavia, Rwanda, General Augusto Pinochet against criminal offences to the Spanish civilians, against the government of Hissene Habre` who had extensively committed human rights violation from 1982- 1990. Where presently Tribunals are also set and being set for many other war crimes like The Korea International War Crimes, DRC Tribunal under the supervision of UN is also getting ready for an International Criminal Tribunal against war crimes (if Kinshasa requests), a Tribunal is also to be set against the French forces in Algeria, the war crimes against Saddam Hussain is also to be investigated and set for trial under the Tribunal, a Tribunal is also requested to be set against the Israelis by the Arabs for War Crimes and not last but the least it is also thought to Put Clinton on trial for War Crimes against his involvement in the Kosovo genocide and sanctions against Iraq. (Global Policy Forum and International Justice)

Modern Approaches to War Crimes

With the advancement of technology and the changing trends of globalization, the traditional trends of war crimes have also taken a sophisticated shape, which is more dangerous then, the traditional ones. As a consequence,