home bbs files messages ]

Forums before death by AOL, social media and spammers... "We can't have nice things"

   rec.arts.tv      The boob tube, its history, and past and      233,998 messages   

[   << oldest   |   < older   |   list   |   newer >   |   newest >>   ]

   Message 232,519 of 233,998   
   Rhino to Adam H. Kerman   
   Re: Gotta love lawyers, international ed   
   08 Jan 26 16:19:02   
   
   From: no_offline_contact@example.com   
      
   On 2026-01-08 4:11 p.m., Adam H. Kerman wrote:   
   > Rhino  wrote:   
   >> On 2026-01-08 2:43 p.m., Adam H. Kerman wrote:   
   >>> Rhino  wrote:   
   >>>> On 2026-01-07 10:52 p.m., Adam H. Kerman wrote:   
   >>>>> BTR1701  wrote:   
   >>>>>> Jan 7, 2026 at 4:23:37 PM PST, Adam H. Kerman  wrote:   
   >>>   
   >>>>>>> . . .   
   >>>   
   >>>>>>> Capturing [Maduro] and putting him on trial is a violation of   
   >>>>>>> international law.   
   >>>   
   >>>>>> Isn't that what they did with the Nazis at Nuremberg?   
   >>>   
   >>>>> He's saying specifically that a head of state is immune from prosecution   
   >>>>> by a foreign government. Killing him as an act of war is not a violatiom   
   >>>>> of international law. Putting him on trial is.   
   >>>   
   >>>>> It makes no sense.   
   >>>   
   >>>>> I've never studied what law Nazis were charged under.   
   >>>   
   >>>> 30 odd years ago, I read a book about the Nuremberg Trials written by   
   >>>> one of the American prosecutors, who was very very old at the time of   
   >>>> writing and publication. I still have the book: The Anatomy of the   
   >>>> Nuremberg Trials by Telford Taylor. (I see it is available on the gray   
   >>>> as an audiobook.) If I remember correctly, he acknowledged that there   
   >>>> really wasn't much proper legal basis for the court and its proceedings.   
   >>>   
   >>>> I've just grabbed the book and I see that Chapter 1 talks about the   
   >>>> legal foundations of the trials. (I'm speaking of the famous first set   
   >>>> of trials that dealt with the top Nazis; there were 11 other sets of   
   >>>> trials afterwards dealing with lesser figures.) Already I've found a few   
   >>>> passages that talk about precedents for the trial.   
   >>>   
   >>>> I'm not about to type out the whole first chapter or even major parts of   
   >>>> it but these snippets should address the point at hand.   
   >>>   
   >>> Thank you for typing this out.   
   >>>   
   >>>> ========================================================================   
   >>>> The ideas which led to the expanded principles of the Nuremberg Trials   
   >>>> were largely developed by a group of New York lawyers during the autumn   
   >>>> and winter of 1944-1945, most notably by Henry L. Stimson, John J.   
   >>>> McCloy, Murray Bernays, William C. Chanler, Samuel Rosenman, Robert H.   
   >>>> Jackson, and (though we do not usually think of him as a lawyer)   
   >>>> President Franklin Delano Roosevelt.   
   >>>   
   >>>> Initially, and in my view most important, was the decision of Stimson,   
   >>>> then Secretary of War, to pass over the military courts-martial   
   >>>> generally used for the trial of military crimes and establish an   
   >>>> international court. On September 9, 1944, he wrote to the President: "I   
   >>>> am disposed to believe that at least as to the top Nazi officials, we   
   >>>> should participate in an international tribunal to try them." The result   
   >>>> was the unprecedented creation of the International Military Tribunal,   
   >>>> the most important and, I believe, successful new entity in the   
   >>>> enforcement of the laws of war.   
   >>>   
   >>> Huh. I thought Stalin had pushed for this, since they love their show   
   >>> trials.   
   >>>   
   >> The show trials were the exact OPPOSITE of anything resembling proper   
   >> judicial procedure. The defendants had essentially been tortured into   
   >> confessing and the defense attorneys appointed for them had a habit of   
   >> condemning their clients even more viciously than the prosecutors!   
   >>   
   >> The show trials didn't even miss a beat when important evidence was   
   >> shown to be false. For example, Trotsky's son was part of one of the   
   >> trials and he admitted to having met with other conspirators at the   
   >> Bristol Hotel in Copenhagen on a specific date. Later testimony revealed   
   >> that the Bristol Hotel had burned down a few years BEFORE this meeting   
   >> and had never been rebuilt. This was just ignored and the conviction   
   >> rendered regardless.   
   >>   
   >>>> ...   
   >>>   
   >>>> But what law was the International Military Tribunal enforcing? Ordinary   
   >>>> courts and trials were based on the statutes of sovereign nations.   
   >>>> However, the IMT was no ordinary court. It was established by the United   
   >>>> States and three major European nations, and the laws by which the IMT   
   >>>> was bound were not the laws of those or of any other nations. For its   
   >>>> rules on crime the IMT looked primarily to the international "laws of   
   >>>> war", violations of which are called "war crimes".   
   >>>   
   >>>> ========================================================================   
   >>>   
   >>>> At which point he launches into pages of discussion of events going back   
   >>>> as far as the Thirty Years war (1618-1648) that dealt with previous   
   >>>> attempts to deal with war crimes.   
   >>>   
   >>> I had no idea. Talk about your disaster, a war to suppress the expansion   
   >>> of Protestantism ended up expanding it, while killing more than half of   
   >>> the adult male population of central Europe. The Peace of Westphalia   
   >>> established the principle of international law that boundaries, no   
   >>> matter how disruptive they are to peace and commerce, are inviolate and   
   >>> you aren't allowed to go to war over them.   
   >>>   
   >>> Hahahahahahahahahahaha   
   >>>   
   >>>> ...   
   >> You mean the way Hamas honoured the borders of Gaza and stayed strictly   
   >> inside them on Oct 7, 2023? Or the way Trump honoured the borders of   
   >> Venezuela and left Maduro alone?   
   >>   
   >> Yeah, that's definitely not one of the better-observed principles of   
   >> modern nations (or wannabe nations in the case of Hamas).   
   >   
   > I wasn't even thinking of outside Europe, but of the hundreds of   
   > subsequent European-wide wars. The Counter-Reformation was all about   
   > Christians slaughtering other Christians to impose religion in war after   
   > war after war. Europe would be a lovely place if not for its kings, the   
   > Pope, and other dictators.   
      
   The Europeans never seemed to lack the desire to take things they wanted   
   via war, at least until the World Wars took their respective tolls.   
      
   --   
   Rhino   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

[   << oldest   |   < older   |   list   |   newer >   |   newest >>   ]


(c) 1994,  bbs@darkrealms.ca