[Thesis (LL. M.)--Judge Advocate General's School, 1954] / "1 May 1954." Typescript. Thesis information from JAG School Library Catalog. Includes bibliographical references. Also issued in microfiche.

[Thesis (LL. M.)--Judge Advocate General's School, 1954] / "1 May 1954." Typescript. Thesis information from JAG School Library Catalog. Includes bibliographical references.

Diss.--Universität Hamburg. / Bibliography: p. 440-457.

The purpose of this study was to determine how American involvement in the war-crimes trials held in Germany after World War II affected Germany's own prosecution of war criminals from 1949 to the present. Achievement of this objective entailed determining the role of the United States in war-crimes prosecutions, relating the role to that of the other occupation powers and then discovering the specific ways that the United States influenced Germany's conduct of its own trials.The procedure involved four steps. The United States plans for the prosecution of war criminals were traced throughout the war in order to determine attitudes and roles which might have affected planning for postwar Germany. Then the proceedings of the International Military Tribunal, the Dachau trials and Nuremberg trials were studied so their characteristics could be compared with the German-conducted proceedings. A note was next made 'on every individual who was indicted or tried in the Federal Republic. Also listed were the individual's age, former position in the Nazi regime, war-crimes charge, place of trial, results of the proceedings and appeal, public reaction, and any other data which might be pertinent to the trials, such as antiSemitic and neo-Nazi revivals, and Adolf Eichmann's trial in Jerusalem.General conclusions became immediately apparent. First, the trials of war criminals would have ended at the close of the International Military Tribunal had not the United States insisted they continue. Secondly, the United States conduct of its trials at Nuremberg and Dachau planted seeds which affected Germany's prosecution of war criminals. The most important seed was a crushing burden of guilt. Guilt in turn produced rationalizations about the past deeds of the Nazis. Consequently, no real atonement for the German people could take place. The number of trials declined appreciably from 1949 to 1957. Germany's delay in accepting its guilt was also due to the fact that American authorities determined that other issues were more important, including rebuilding Germany economically and. militarily to defend the Western world against the communist menace in Eastern Europe. Thirdly, the realization that German youth were not being taught the truth about the Nazi era, that Nazi war criminals had escaped prosecution, and that former Nazis had won their way back into the government and judiciary awakened people to the need to undergo a "national self-purification," The number of trials held in Germany increased. The Eichmann Trial was part of the momentum, but the Auschwitz proceedings were almost anti-climactic, creating more apathy and indifference than anything else. So deep, however, is the burden of guilt that the statute of limitations has been removed on genocide and extended twice for murder to insure that the remaining war criminals will be punished, despite the fact that two out of every five Germans opposed the trials. Finally, although a commendable effort has been made to write the last chapter in Germany's conduct of warcrimes trials, the Bonn government has undercut the force of extending the statute of limitations by allowing a penal code reform in 1968 to end the prosecution of war criminals except in cases of murder or aiding and abetting in murder out of such base motives as racial hatred. In spite of legal delays and manoeuvers in the trial of war criminals, one can expect the proceedings to continue but to slow down and then end completely in 1979.

Thesis (LL. M.)--Judge Advocate General's School, 1957. / "April 1957." Typescript.. Includes bibliographical references. Also issued in microfiche.

Thesis--Judge Advocate General's School, 1976. / Typescript. Includes bibliographical references.

Thesis--Judge Advocate General's School, Charlottesville, Va., 1967. / Title from PDF t.p. (Military legal resources, viewed on Nov. 16, 2008). "April 1967". Typescript. Includes bibliographical references (leaves 159-168).

No description available.

The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has taken steps to define and develop its prosecution policies. Review of these policies reveals that the OTP prefers to act on referrals of situations by states and the Security Council, rather than to employ its proprio motu investigatory powers. While the OTP has effectively defined the threshold for the gravity of the crimes that it will prosecute, a number of other discretionary criteria that inform the OTP's exercise of jurisdiction remain undefined. Additionally, the OTP's acceptance of state 'waivers of complementarity' moves in the direction of establishing a quasi-exclusive jurisdiction for the OTP. This thesis will critically evaluate these policies, and propose a recasting of the OTP's prosecution strategy towards the promotion of domestic war crimes prosecutions. It posits that the ICC OTP can act as a catalyst for domestic war crimes prosecutions, by serving in an advisory and support role. The OTP thus has the opportunity to breathe life into the complementarity regime and advance the global struggle against impunity.

Revised version of author's dissertation-- Universität Hamburg, 2006. / Includes bibliographical references (p. 429-474) and index.