What Shall Be Done with the War Criminals?

By Sheldon Glueck,
Professor of Criminal Law and Criminology, Harvard University

Contents

Introduction

Who Are the War Criminals?

The Rules of Warfare and Their Violation

• Offenses against Belligerents
• Offenses against Civilians

What Happened after the Last War?

• The Versailles Treaty
• The Lists of Accused
• The Leipzig Trials
• Lessons of Leipzig

Under What Laws Shall the United Nations Proceed?

Trial by Local Courts

Trial by International Tribunals

• How Would This Court Be Staffed?

Are “Superior Orders” a Legitimate Defense?

• An Early Precedent
• The American View
• The English View
• The German View
• A Suggested Rule

Are Chiefs of State Liable?

Getting Hold of the Accused

• The Right to Give Asylum
• Plugging Up the Loopholes

How Shall the Guilty Be Punished?

To the Leader

Suggestions for Further Reading