In re Altstötter and Others (The Justice Trial).

Abstract

Territory — Annexation — Annexation of Occupied Territory during War — Purported Annexation by Germany of Occupied Polish Territory.

Jurisdiction — Extraterritorial Jurisdiction — Jurisdiction of United States Military Tribunals in Germany after the War.

Individuals — Position in International Law — Rights of Individuals Independent of the Law of the State — Crimes against Humanity.

War Crimes — Punishment of — Plea of Superior Orders and of Obedience to the Law of the State — Act of State and Responsibility for War Crimes.

War — Terminatian of — Unconditional Surrender of Germany — Nature of Occupation of Germany by Allied Powers — Power to Legislate and Set up Courts for the Trial of War Crimes and Crimes against Humanity.

Belligerent Occupation — Extraordinary Tribunals Set Up by Occupying Belligerent Exercising Arbitrary Criminal Jurisdiction — Denial of Judicial Process — Hague Regulations.

Belligerent Occupation — Treatment of Civilian Inhabitants — Legislation Concerning the Extermination and Persecution of Civilian Inhabitants on Racial, Religious or Political Grounds — Extraordinary Tribunals Set up by the Occupying Belligerent Exercising Arbitrary Criminal Jurisdiction — Denial of Judicial Process — Hague Regulations — Annexation of Territory during War — Purported Annexation by Germany of Occupied Territory — Infliction of Death Penalty upon Civilian Inhabitants of Occupied Polish Territory — Unconditional Surrender of Germany — Nature of Occupation of Germany by Allied Powers — Power to Legislate and Set Up Courts for the Trial of War Crimes and Crimes against Humanity — Jurisdiction of United States Military Tribunals — Punishment of War Crimes and Crimes against Humanity — Principle of Nullum Crimen Sine Lege — Defence of Legality according to Municipal Law — Effect of Aggressive War on Acts of the Belligerent — Pleas of Act of State and of Superior Orders.