From: jaspar2002us@yahoo.com   
      
   SUPERPOWER DEATH WATCH   
      
   03 13 13 Superpower Death Watch   
      
   WHAT THE SUPERPOWER’S    
   DECLARATION OF WORLD $LAVERY    
   MEANS   
      
      
      
      
   [ What follows can be read for its relevance to The World Tyrant's *proxy war*   
   against the Syrian Arab Republic and the Syrian people. ]    
      
      
   ===================================================   
      
      
      
   UNITED NATIONS WAR CRIMES COMMISSION   
      
   Report made by Dr. [Bohuslav] Ecer on Professor [Aron Naumovich] Trainin's   
   Book "The Criminal Responsibility of the Hitlerites" at the Commission's   
   meeting of October 31st, 1944.    
      
      
      
   ===================================================   
      
      
   C.63  11 November, 1944    
      
   Professor Trainin is a member of the Moscow Academy, Professor of Law at the   
   Moscow University and a leading member of the Extraordinary State Commission   
   for the Investigation of German Crimes which was established by the Soviet   
   Government on November    
   2nd, 1942.    
      
   The title indicates how the author approaches the problem.  He does not limit   
   his study to "war crimes" stricto sensu (violation of laws and customs of   
   war), but deals with the penal responsibility of the Hitlerites for all their   
   crimes, *in the first    
   place for their crimes against against peace*.  He stresses the role of   
   criminal law, both national and international, in the repression and   
   prevention of German criminality.    
      
   In my paper on Soviet Penal Law which was circulated among the members of our   
   Commission, I explained its general principles (the conception of crime, the   
   physical and mental elements of a crime, intention, negligence, exemptions   
   from penal    
   responsibility, stages of criminal action - inchoate crimes, and so on), and I   
   proved that the general principles of Soviet Penal Law are to a great extent   
   identical with those of the modern criminal law of other allied nations.    
      
   I.    
      
   The present war [World War 2] and the problem of penal responsibility in the   
   sphere of International Law.    
      
   1) In the first chapter, Professor Trainin first of all characterizes the   
   present war.  The monstrous peculiarity of the present war as conducted by the   
   Hitlerites consists, in his opinion, in the fact that "enormous,   
   million-masses of people, armed    
   according to the last word of technical skill, are engaged in *a planned and   
   organised manner* in gangster-like attacks, and are exterminating the   
   inhabitants of the invaded country, plundering and destroying towns and   
   villages, robbing and anihilating    
   the national cultural values" (p.3).  In another place, he calls Hitler's   
   aggression "State-organized banditry", *criminal intention and criminal deeds   
   --the two fundamental elements of crime*-- are the decisive features of the   
   present war as regards the    
   Germans.    
      
   2) The author points out that the new relations between the nations must be   
   organized in such a manner that aggressive wars will be impossible.  The   
   punishment of Hitlerite criminals for *all* their crimes is one of the   
   essential conditions of the    
   achievement of this aim.  The author quotes  Marshall Stalin's  declaration of   
   December 4th, 1941 and some notes of his Government (November 25th, 1941,   
   April 27th, 1944, October 14th, 1944), in which *the criminal, not only the   
   moral or political    
   responsibility* of the German State - Army - and Party leaders, their   
   accomplicies and of all individual perpetrators of atrocities, is established   
   and their punishment by Courts, national and internation demanded.    
      
   The Decree of the Presidium of the Supreme Soviet of the U.S.S.R. of November   
   2nd 1942, by which a Commission, analagous to our Commission, was set up,   
   states that for the monstrous crimes committed by the German Fascist invaders   
   and their accomplices,    
   and for the material damage caused by them, the criminal Hitlerite Government,   
   the Commanders of the German Army and their accomplices, bear full penal and   
   material responsibility.  The terms of reference of the [Soviet] Commission   
   are wider then the    
   terms of reference of our [proto-UN] Commission.    
      
   The Commission is called the "Extraordinary State Commission for detecting and   
   investigating crimes committed by the German Fascist invaders and their   
   accomplices, and enquiring into the material damage caused by them to the   
   citizens, collective farms,    
   collective organizations, state institutions and establishments of the   
   U.S.S.R.".    
      
   The author then quotes some declarations of other Allies aiming at the same   
   goal, the judicial punishment of the Hitlerites --especially Roosevelt's of   
   August 1942 and Churchill's of September 8th, 1942, which both stress the   
   punishment of Hitlerites by    
   tribunals.    
      
   3) The crimes of the Hitlerites are genuine international crimes: they are   
   attacks on the very foundations of the international community.  The author   
   stresses the important role of criminal law in the fight against this kind of   
   crime.  International    
   Criminal Law is not at present a perfect instrument for the purpose but, in   
   spite of its defects it is, in co-operation with National Criminal Law, a   
   sufficient legal basis for the punishment of all the crimes of the   
   Hitlerites.  These consist of:    
      
   a) crimes against peace, and    
   b) crimes against the laws and customs of war.    
      
      
   II.    
      
   The conception of International Crime.    
      
   1) In the second chapter the author describes some attempts by experts in   
   International or Criminal Law to define International crime.  He mentioned the   
   definitions and doctrines of Pella, Saldana, and others.    
      
   2) Some other experts regard as the source of International Criminal Law   
   various international conventions concluded for co-operation of states in the   
   struggle against certain dangerous species of crimes, such as trading in opium   
   and other drugs, trading    
   in women and children, and so on.  The author does *not* regard the crimes   
   enumerated in these conventions as belonging to the sphere of genuine   
   international  crimes.  They are ordinary crimes arising under the criminal   
   law of the signatory states.     
   Their international chararacter consists only in the fact that their operation   
   is not confined to the territory of a single State.  But this is not an   
   intrinsic characteristic of an international crime.    
      
      
   [continued in next message]   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)