577:. The court noted that out of eighteen German doctors assigned to the camp, only two failed to catch the disease and that four of them died from it. Also, 34 German guards at the camp had caught typhus during the outbreak. The court ultimately ruled that, "what most contributed to the outbreak of the epidemic was the order of the Camp Commandant that the Russians were to be placed with the other prisoners. The responsibility for this, however, rests exclusively with the High Command of the Army. An order for this was given by the War Office on 18th October 1914, and this order states that it was advisable to place the Russian prisoners with their Allies, the English and French. From the medical point of view, the doctor at the camp made representations against this... The higher authorities insisted on their order, and the parties concerned had nothing to do but obey." In acquitting both defendants, the court declared, "General Kruska, as well as General von Schack, is as the
666:, were a far harsher sentence than people in Allied countries realized because of the very intense humiliation involved. "Six months in a civil jail," he wrote, "thus meant far more than three years' detention in a fortress, which is the usual military punishment. The Germans have always had strange ideas about service 'honour' and this 'honour' was deeply wounded by a sentence of imprisonment, such as mere civilians received." He concluded, "None the less the fact remains that these trials were neither 'a travesty of justice' nor a 'farce.' There was throughout a genuine desire to get to the bottom of the facts and to arrive at the truth. This and the fact that a German Court condemned the doctrines of brutality, which General von Fransecky and Admiral von Trotha applauded, are the important results that will live in history long after the miserable offenders have been forgotten."
720:"Thus, apart from helping to lay the legal foundations for international criminal justice in the future, the Allies' experiment in retributive justice following the First World War was a dismal failure. Despite ample Allied resources, the availability of the exhaustive investigative findings of the Commission, and an enemy prostrate from war, hunger, and internal revolution, very few prosecutions were ever undertaken, and of those that were, the sentences handed down were either comparatively light or never fully executed. The value of justice had not penetrated the practices of realpolitik."
392:
29:
236:. Heynen further stood accused, of having driven a British POW named Cross insane through various cruelties, including throwing the POW into a shower bath with alternating hot and cold water, for half an hour. It was further alleged that, after a British POW named MacDonald had escaped and been recaptured, that Heynen had hit MacDonald with his rifle butt, knocked him down and kicked him. Also, on October 14, 1915, Heynen stood accused of having threatened the POWs under his command with
257:
of the German Army and the respect of the German Nation as a nation of culture was to be upheld... There can be no question of detention in a fortress in view of the nature of his offences, especially those committed against prisoners who were undoubtedly sick. On the contrary, a sentence of imprisonment must be passed." Even though imprisonment in a regular jail was considered degrading to military honour, Heynen was sentenced to ten months in a civilian prison.
167:
552:, who had fallen asleep while his unit marched away. When Laule and his men had come upon the Captain and attempted to take him prisoner, Migat had resisted, had shaken off the Germans who were attempting to restrain him, and had been shot in the back while running away. The court found that Laule had not fired the fatal shot or ordered his men to shoot. They had acted on their own, without orders. As a result, he was found not guilty.
314:
303:
kicked, struck, or otherwise physically ill-treated prisoners who were under his charge and were his subordinates. He did this deliberately and intended that his blows should hurt the prisoners. In doing this he had absolutely no justification." He was sentenced to six months in a civilian prison, with the four months he had already spent awaiting trial counting as part of his sentence.
724:
In assessing the failure of the Allies to enforce the sections of the
Versailles treaty related to war crimes (Articles 227-230), the United Nations War Crimes Commission identified four key failings. The first was the failure to begin the proceedings quickly after the war when they still had popular
661:
Claud
Mullins, who had observed the trials on behalf of the British Government, argued that they should be understood in light of the pre-1945 German attitude toward authority. He commented, "I always think that it is significant that there are notices in many German railway carriages that, 'In case
158:
established a
Central Bureau for the Defence of Germans Accused of War Crimes. On 4 October 1919, at a meeting in Berlin, Johannes Goldsche of the Prussian Bureau of Investigation reported that his office had compiled some 5,000 detailed dossiers on Allied war crimes, which could be made immediately
277:
outbreak that killed 500 POWs happened after his command had ended. The court considered nine instances of deliberate personal cruelty to be proven, as well as an additional case in which MĂĽller allowed a subordinate to mistreat a POW, other cases of breaches of regulations, as well as two cases of
256:
In passing sentence, the court declared, "One cannot help acknowledging that this is a case of extremely rough acts of brutality aggravated by the fact that these acts were perpetrated against defenceless prisoners against whom one should have acted in the most proper manner, if the good reputation
183:
in
Leipzig. This proposal was accepted by the Allied leaders, and in May 1920 they handed the Germans a reduced list of 45 accused persons. Not all these people could be traced, and in other cases there was difficulty in finding credible evidence. In the end, only twelve individuals from the lists
521:
In regard to both POW massacres, Crusius did not deny having passed on and carried out "the order". The court ruled that medical experts had convincingly demonstrated that, "at the moment when the alleged brigade order was passed on", Crusius "was suffering from a morbid derangement of his mental
302:
from
Sergeant Heinrich Trinke, who could not be found for trial. In other cases, Neumann was found to have physically abused POWs under his own initiative. The court considered twelve out of the seventeen charges against Neumann to be proved. In passing sentence, the court declared, "The accused
200:
The trials of
Lottmann, Niegel, and Sangerhausen were held in January 1921. All three men were found guilty. Lottmann was sentenced to five years in a civilian prison, Niegel was sentenced to four years in a civilian prison, and Sangerhausen was sentenced to two years in a civilian prison.
662:
of a dispute as to whether the window should be open or closed, the guard will decide.' Germans have a respect for authority which we
British can scarcely understand." He said even brief terms in a civilian prison, rather than detention in a fortress, which was the usual punishment under
632:
commented, "The first verdict in the series of
Leipzig trials has agitated public opinion in two great countries, Germany and England, in apparently sharply contrasting ways. The degree of punishment has been criticised in England in a way that is in the highest degree wounding to German
62:. Twelve people were tried (with mixed results), and the proceedings were widely regarded at the time as a failure. In the longer term, they were seen by some as a significant step toward the introduction of a comprehensive system for the prosecution of international law violations.
178:
On 3 February 1920, the Allies submitted a further list of 900 names of alleged war criminals to the German government. The
Germans refused to extradite any German citizens to Allied governments, and suggested instead trying them within the German justice system, i.e. at the
452:, while only 24 people in a single lifeboat survived the sinking. During the trials, Dithmar and Boldt were both found guilty of war crimes and were sentenced to four years in prison, though these were later overturned on appeal based on the argument that both men were
252:
was set aside and Heynen was retried for the same offences. He was acquitted for his actions during the strike, as the court ruled that POWs were entitled to complain but not to refuse to follow orders, but convicted of fifteen other incidents of unnecessary brutality.
273:, which had, long before his arrival, turned into, "a large cesspool", where 1,000 British POWs had been held. He proved he had tried very hard to improve conditions at the camp and was hamstrung from doing more by military bureaucracy. His lawyer showed how a
658:, appointed to inquire into the trials, concluded that it was useless to proceed with them any further and recommended that the remaining accused should be handed over to the Allies for trial. This was not done, and the trials were quietly abandoned.
533:
for the massacre at Saint Barbe, Crusius was found guilty of war crimes for the massacre at
Saarburg on August 21, 1914. He was accordingly deprived of the right to wear an officer's uniform and was sentenced to two years in a civilian prison.
90:
by the Allied governments. Article 227 made provision for the establishment of a special tribunal, presided over by a judge from each of the major Allied powers—Britain, France, Italy, United States and Japan. It identified the former Kaiser
130:
Following the conclusion of the treaty, the Allied governments began their legal and diplomatic efforts to arrest the former Kaiser. On 28 June 1919, the day the treaty was signed, the President of the Paris Peace Conference addressed a
725:
and governmental support. The second was the lack of unity amongst the Allies. The third was the relative immaturity of international scene at that stage. The fourth was the poor drafting of the relevant parts of the Versailles treaty.
522:
faculties which rendered impossible the exercise of his own volition. These experts do not hold that this was already the case on 21 August. The Court shares this view... As in accordance with practice,
248:
and convicted for these same offences and had been sentenced to fourteen days' "detention in a fortress", which was suspended until the end of the war. At the insistence of the British Government,
377:
by using hospital ships for military purposes, such as transporting troops, and had decreed on 19 March 1917 that U-boats could sink hospital ships under certain conditions. The court held that
716:, an American professor of law specialising in international criminal law and an expert on war crimes, summarised the impact of the post-first-world-war trials of war criminals as follows:
1098:
1153:
Violation of the Laws and Customs of War: Reports of Majority and Dissenting Reports of American and Japanese Members of the Commission of Responsibilities, Conference of Paris 1919
331:
448:
of World War I. A total of 234 medical personnel, soldiers and sailors died during the sinking and subsequent ramming and machine-gunning of the lifeboats by the crew of
563:
188:
before the other cases began: Dietrich Lottmann, Paul Niegel, and Paul Sangerhausen. The three men were charged with plunder for acts of looting committed in during the
696:
comments that the Allied efforts at prosecution were an example of "a retributive justice gave way to expedience of political accommodation". Even so, Armenian poet
625:
called for the trials to be moved to London. Another declared that the "contemptible" sentence given to Sergeant Heynen had reduced the trials to "a judicial farce".
1486:
1286:
1521:
732:, Allied governments again decided to try, after the war, defeated Axis leaders for war crimes committed during the war. These initiatives eventually led to the
86:
to make recommendations to that effect. As a result, articles 227–230 of the Treaty of Versailles stipulated the arrest and trial of German officials defined as
637:
was so outraged by the acquittal of Lieutenant-General Stenger for the two POW massacres that the French Mission observing the trials was recalled in protest.
1270:
865:
526:
as to the volition of the guilty party does not allow of a pronouncement of guilt, no sentence can be passed against Crusius as regards the 26th of August."
1313:
224:, including his fists and rifle butt, against 200 British and 40 Russian POWs, who were under his command as forced labourers at the Friedrich der Grosse
597:, the trials were seen as a travesty of justice because of the small number of cases tried and the perceived leniency of the judges in passing sentence.
159:
available to defence counsel in the event of prosecutions being brought against German soldiers. The bureau had also investigated Allied allegations of
581:
has himself said, to be acquitted absolutely... The trial before this Court has not revealed even a shadow of proof for these monstrous accusations."
1481:
737:
1593:
503:
955:
1511:
1166:
570:
545:
499:
481:
217:
1089:
765:
1491:
644:
The accused seemed in several cases to have been only following orders; merely trying to perform their duty under difficult conditions.
1378:
140:
1306:
423:
in World War I, were put on trial for war crimes during the trials for their involvement in the sinking of Canadian hospital ship
1287:
http://www.western-armenia.eu/archives-nationales/Genocide/1919/Liste_des_personnes_designees_par_les_puissances_alliees-1919.pdf
578:
1618:
622:
915:
74:
leaders came up with a new concept, that once victory was achieved, defeated enemy leaders should face criminal charges for
1598:
681:
675:
144:
1299:
604:
wrote, "Generally speaking, the German population took exception to these trials, especially because the Allies were not
107:
since his abdication in November 1918. Article 228 allowed the Allied governments to try alleged German war criminals in
1348:
374:
115:, Allied prosecutions could proceed even in cases where the accused had already been tried, convicted and sentenced in
1254:
1235:
1205:
163:, but in this case was not planning to make its findings public for fear of possible repercussions from the Allies.
1118:
701:
530:
862:
830:
Die Leipziger Prozesse. Deutsche Kriegsverbrechen und ihre strafrechtliche Verfolgung nach dem Ersten Weltkrieg.
266:
1552:
1496:
1186:
83:
1276:
1603:
1588:
1368:
229:
1516:
1501:
1330:
1119:"World War I: The War to End All Wars and the Birth of a Handicapped International Criminal Justice System"
748:
573:
were charged with 1,280 counts of murder, for their actions during a 1915 typhus outbreak at a POW camp at
79:
1557:
1338:
518:
on 26 August 1914. Stenger denied he had issued no such orders, and was found not guilty of war crimes.
1583:
1394:
1322:
445:
294:
Private Robert Neumann, who had guarded Allied POWs who were forced labourers at a chemical factory at
92:
1547:
963:
135:
to the Dutch government demanding the extradition of the former Kaiser, a very near relative of the
1613:
1228:
Prologue to Nuremberg: The Politics and Diplomacy of Punishing War Criminals of the First World War
155:
640:
Within Germany, on the other hand, the trials were seen as excessively harsh for several reasons:
466:
1405:
1174:
1562:
1537:
1430:
424:
395:
283:
127:
was required to comply with any extradition order issued by the Allied powers to that effect.
515:
370:
147:. Eventually the issue of trying Wilhelm was dropped, and he remained at his Dutch estate of
71:
391:
381:
Neumann had believed the sinking to be a lawful act and found him not guilty of war crimes.
1608:
1506:
1363:
1094:
502:, the former commander of the 58th Infantry Brigade, stood accused of having ordered Major
441:
405:
366:
298:, also stood accused on unnecessary brutality. In some cases, Neumann demonstrated that he
59:
28:
8:
1463:
1410:
1373:
1218:
The Leipzig Trials: An Account of the War Criminals' Trials and Study of German Mentality
713:
663:
605:
590:
470:
295:
221:
120:
685:
282:. He was sentenced to six months in a civilian prison, including time served. The term "
1447:
1442:
1415:
1353:
1160:
560:
496:
457:
136:
589:
Even though the sentences were based on those recommended for the same offences under
462:
327:
1358:
1250:
1231:
1216:
1201:
1182:
930:
693:
507:
362:
354:
347:
317:
299:
237:
160:
108:
75:
1198:
The Leipzig Trials: German War Crimes and Their Legal Consequences after World War I
1476:
1425:
760:
729:
523:
184:
were brought to trial. Another three people who were not on any list were tried by
100:
1280:
1542:
1343:
1102:
916:"Obedience of Orders and the Law of War: Judicial Application in American Forums"
869:
733:
634:
601:
594:
485:
453:
270:
249:
189:
132:
124:
112:
45:
684:
was also taken up by the Paris Peace Conference, and ultimately included in the
697:
689:
414:
1577:
1291:
934:
567:
344:
245:
241:
116:
87:
50:
20:
1383:
542:
279:
1150:
892:
650:
Imprisonment in a civilian jail was regarded as insulting to military men.
611:
After Sergeant Karl Heynen was sentenced to ten months' imprisonment, the
549:
104:
96:
166:
358:
233:
148:
143:
replied that extraditing him would violate the Netherlands' policy of
58:, as part of the penalties imposed on the German government under the
1452:
617:
510:. Crusius stood accused of two separate massacres of French POWs, at
433:. Dithmar and Boldt were accused of machine-gunning the survivors of
274:
225:
41:
784:
Foreign Relations of the United States, 1919: Paris Peace Conference
313:
1420:
1281:
1914-1918-online. International Encyclopedia of the First World War
1247:
Barbed Wire Disease: British & German Prisoners of War, 1914–19
744:
511:
484:
was charged with crimes against civilian non-combatants during the
338:
208:(comprising seven judges) in Leipzig from 23 May to 16 July 1921.
1090:
On April 24, the world must remember victims of Armenian genocide
612:
430:
418:
55:
621:
called the trial "a scandalous failure of justice". One British
1437:
655:
574:
335:
240:
if they did not immediately return to work during an attempted
78:
violations made during the war. On 25 January 1919, during the
1487:
International Criminal Tribunal for the former Yugoslavia
704:
as "a milestone in the history of war-crimes tribunals."
1522:
International Residual Mechanism for Criminal Tribunals
1031:
1029:
548:
stood charged with the killing of Captain Migat of the
469:
was solely responsible. BrĂĽmmer-Patzig had fled to the
907:
154:
In anticipation of further Allied action, the German
1026:
473:
before the trials started and was never prosecuted.
1151:Carnegie Endowment for International Peace (1919).
890:
1477:International Military Tribunal (Nuremberg Trials)
747:, the same trend led to the establishment of the
369:. The Imperial German Government had accused the
1575:
1507:Extraordinary Chambers in the Courts of Cambodia
1482:International Military Tribunal for the Far East
1123:Denver Journal of International Law & Policy
738:International Military Tribunal for the Far East
606:similarly bringing their own soldiers to justice
1181:. Lincoln, Neb.: University of Nebraska Press.
872:, lawreports.co.uk; accessed December 28, 2015.
1321:
1307:
669:
506:in August 1914 to subject all French POWs to
269:, was a former commandant of the POW camp at
1112:
1110:
923:American University International Law Review
766:Reichstag inquiry into guilt for World War I
840:
838:
654:On 15 January 1922, a commission of Allied
1492:International Criminal Tribunal for Rwanda
1314:
1300:
1179:The Wehrmacht War Crimes Bureau, 1939–1945
1165:: CS1 maint: location missing publisher (
1063:
1061:
1059:
983:
981:
16:Series of trials at the end of World War I
1512:Special Panels of the Dili District Court
1116:
1107:
343:, who had torpedoed and sunk the British
111:. In violation of the legal principle of
82:, the Allied governments established the
1173:
948:
891:Sir Andrew Macphail (28 February 2000).
835:
390:
312:
165:
95:as a war criminal, and demanded that an
40:were held in 1921 to try alleged German
32:First session of the trials, 23 May 1921
27:
1249:. Stroud: Spellmount. pp. 183–96.
1244:
1214:
1056:
978:
647:Several of the charges seemed spurious.
633:sensibilities." French Prime Minister
514:on 21 August 1914 and in a forest near
1594:World War I crimes by Imperial Germany
1576:
1225:
1195:
893:"Royal Canadian Naval Medical Service"
373:of violating Articles X and XI of the
204:The other trials were held before the
1295:
1117:Bassiouni, M. Cherif (January 2002).
913:
895:. Great War Primary Documents Archive
884:
863:ICLR report on the Leipzig War Trials
1230:. Westport, Conn.: Greenwood Press.
824:
822:
676:Prosecution of Ottoman war criminals
384:
103:, which had given him asylum in the
361:on the high seas. He proved he had
13:
1221:. London: H. F. & G. Witherby.
1200:. Dordrecht: Republic of Letters.
14:
1630:
1264:
819:
429:on 27 June 1918 off the coast of
357:on 26 May 1917, stood accused of
1078:History of the Armenian Genocide
531:not guilty by reason of insanity
491:
444:, during what was the deadliest
417:who had served on the submarine
286:" was first used in this trial.
151:until his death on 4 June 1941.
1144:
1083:
1070:
1047:
1044:Quoted in Yarnall 2011, p. 194.
1038:
1017:
1008:
999:
990:
956:"Patzig's fate? Patzig's fate?"
682:prosecute Ottoman war criminals
306:
70:During the First World War the
1553:International humanitarian law
1497:Special Court for Sierra Leone
875:
856:
847:
810:
798:
789:
777:
84:Commission of Responsibilities
1:
1619:World War I war crimes trials
771:
440:s sinking while they were in
220:, who was charged with using
65:
1517:Special Tribunal for Lebanon
1502:International Criminal Court
1005:Yarnall (2011), pp. 192–193.
881:Yarnall (2011), pp. 190–191.
853:Yarnall (2011), pp. 188–190.
844:Yarnall (2011), pp. 185–188.
749:International Criminal Court
615:correspondent of the London
99:request be addressed to the
7:
1599:Military history of Leipzig
1558:International speech crimes
1339:Customary international law
1271:Report on the Leipzig Trial
754:
584:
488:. He was found not guilty.
10:
1635:
1379:Convention Against Torture
1323:International criminal law
673:
670:Ottoman military tribunals
476:
446:Canadian maritime disaster
365:from his superiors in the
289:
244:. Heynen had already been
18:
1548:Joint criminal enterprise
1530:
1461:
1392:
1329:
1277:Leipzig War Crimes Trials
1226:Willis, James F. (2014).
1014:Yarnall 2011, pp. 194–95.
832:Hamburg 2003, S. 71.
816:Yarnall 2011, pp. 184–85.
743:Following the end of the
707:
555:
260:
211:
195:
38:Leipzig war crimes trials
1468:(in order of foundation)
1053:Yarnall 2011, pp. 195–6.
537:
375:Hague Convention of 1907
19:Not to be confused with
1406:Crimes against humanity
1215:Mullins, Claud (1921).
1067:Yarnall (2011), p. 195.
1035:Yarnall (2011), p. 194.
996:Yarnall (2011), p. 192.
987:Yarnall (2011), p. 193.
914:Solis, Gary D. (1999).
1563:Universal jurisdiction
1538:Command responsibility
1431:Incitement to genocide
1369:United Nations Charter
1245:Yarnall, John (2011).
1155:. London and New York.
1023:De Zayas (1989), p. 5.
795:De Zayas (1989), p. 9.
786:, vol. 13, pp. 374–375
722:
702:Turkish courts-martial
401:
323:
284:command responsibility
175:
80:Paris Peace Conference
33:
1196:Hankel, Gerd (1982).
718:
692:. Armenian historian
600:Lawyer and historian
467:Helmut BrĂĽmmer-Patzig
454:only following orders
394:
316:
169:
31:
1604:Judiciary of Germany
1589:Treaty of Versailles
1464:International courts
1364:Nuremberg principles
529:Despite being found
411:Oberleutnant zur See
406:Oberleutnant zur See
367:Imperial German Navy
363:only followed orders
300:only followed orders
141:Dutch Foreign Office
60:Treaty of Versailles
1411:Crime of aggression
1374:Genocide Convention
1175:De Zayas, Alfred M.
1101:26 May 2020 at the
714:M. Cherif Bassiouni
664:German military law
591:German military law
471:Free City of Danzig
409:Ludwig Dithmar and
222:corporal punishment
174:building in Leipzig
121:German military law
54:(Supreme Court) in
1416:Crime of apartheid
1354:Geneva Conventions
868:2007-03-10 at the
805:The Leipzig Trials
561:Lieutenant-General
497:Lieutenant-General
458:commanding officer
402:
324:
176:
137:Dutch royal family
119:proceedings under
109:military tribunals
48:before the German
34:
1584:Trials in Germany
1571:
1570:
1397:international law
1359:Nuremberg Charter
1349:Hague Conventions
712:Writing in 2002,
694:Vahakn N. Dadrian
628:In response, the
593:, outside of the
508:summary execution
435:Llandovery Castle
426:Llandovery Castle
398:Llandovery Castle
386:Llandovery Castle
355:Mediterranean Sea
238:summary execution
161:German war crimes
156:National Assembly
125:German government
76:international law
1626:
1531:Related concepts
1469:
1426:Genocidal intent
1316:
1309:
1302:
1293:
1292:
1260:
1241:
1222:
1211:
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1170:
1164:
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1139:
1138:
1136:
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1006:
1003:
997:
994:
988:
985:
976:
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966:on 28 March 2012
962:. Archived from
960:invisionzone.com
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761:War crimes trial
734:Nuremberg Trials
730:Second World War
688:(1920) with the
686:Treaty of Sèvres
524:reasonable doubt
439:
413:John Boldt, two
139:. On 7 July the
101:Dutch government
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1614:1921 in Germany
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1543:Superior orders
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1344:Peremptory norm
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1103:Wayback Machine
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