Genocide is the intentional destruction of a people in whole or in part.
Population transfer or resettlement is a type of mass migration, often imposed by state policy or international authority and most frequently on the basis of ethnicity or religion but also due to economic development. Banishment or exile is a similar process, but is forcibly applied to individuals and groups. Population transfer differs more than simply technically from individually motivated migration, but at times of war, the act of fleeing from danger or famine often blurs the differences. If a state can preserve the fiction that migrations are the result of innumerable "personal" decisions, the state may be able to claim that it is not to blame for the displacement.
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.
Nulla poena sine lege is a legal formula which, in its narrow interpretation, states that one can only be punished for doing something if a penalty for this behavior is fixed in criminal law. Variant nullum crimen sine lege establishes that conduct is not criminal if not found among the behavior/cirumstance combinations of a statute. The other interpretations of the formula include the rules prohibiting retroactive criminalization and prescribing laws to be strictly construed.
During the later stages of World War II and the post-war period, Germans and Volksdeutsche fled and were expelled from various Eastern and Central European countries, including Czechoslovakia, and from the former German provinces of Lower and Upper Silesia, East Prussia, and the eastern parts of Brandenburg (Neumark) and Pomerania (Hinterpommern), which were annexed by Poland and the Soviet Union.
Ethnic cleansing is the systematic forced removal of ethnic, racial, or religious groups from a given area, with the intent of making a region ethnically homogeneous. Along with direct removal, extermination, deportation or population transfer, it also includes indirect methods aimed at forced migration by coercing the victim group to flee and preventing its return, such as murder, rape, and property destruction. There is significant scholarly disagreement around the definition of ethnic cleansing and which events fall under this classification.
A Terrible Revenge: The Ethnic Cleansing of the East European Germans, 1944–1950 is a 1994 non-fiction book written by Cuban-born American lawyer Alfred-Maurice de Zayas, former research fellow at MPG in Heidelberg, Germany. The work is based on a collection of testimonials from German civilians and Wehrmacht military personnel; and devoted to the expulsion of Germans after World War II from states previously occupied by Nazi Germany. It includes as well selected interviews with British and American politicians who participated at the Potsdam Conference, including Robert Murphy, Geoffrey Harrison, and Denis Allen. The book attempts to describe the crimes committed against the German nation by the Soviet Union, Poland, Czechoslovakia, Hungary and Yugoslavia at the end of World War II – as perceived by the expellees themselves and settlers brought in Heim ins Reich from the east.
The right of return is a principle in international law which guarantees everyone's right of voluntary return to, or re-entry to, their country of origin or of citizenship. The right of return is part of the broader human rights concept freedom of movement and is also related to the legal concept of nationality. While many states afford their citizens the right of abode, the right of return is not restricted to citizenship or nationality in the formal sense. It allows stateless persons and for those born outside their country to return for the first time, so long as they have maintained a "genuine and effective link".
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was the first legal instrument to codify genocide as a crime, and the first human rights treaty unanimously adopted by the United Nations General Assembly, on 9 December 1948, during the third session of the United Nations General Assembly. The Convention entered into force on 12 January 1951 and has 152 state parties as of 2022.
Alfred-Maurice de Zayas is a Cuban-born American lawyer and writer, active in the field of human rights and international law. From 1 May 2012 to 30 April 2018, he served as the first UN Independent Expert on the Promotion of a Democratic and Equitable International Order, appointed by the United Nations Human Rights Council.
The Law of the Soviet Union was the law as it developed in the Soviet Union (USSR) following the October Revolution of 1917. Modified versions of the Soviet legal system operated in many Communist states following the Second World War—including Mongolia, the People's Republic of China, the Warsaw Pact countries of eastern Europe, Cuba and Vietnam.
The Bosnian genocide refers to either the Srebrenica massacre or the wider crimes against humanity and ethnic cleansing campaign throughout areas controlled by the Army of Republika Srpska (VRS) during the Bosnian War of 1992–1995. The events in Srebrenica in 1995 included the killing of more than 8,000 Bosniak men and boys, as well as the mass expulsion of another 25,000–30,000 Bosniak civilians by VRS units under the command of General Ratko Mladić.
The Beneš decrees were a series of laws drafted by the Czechoslovak government-in-exile in the absence of the Czechoslovak parliament during the German occupation of Czechoslovakia in World War II. They were issued by President Edvard Beneš from 21 July 1940 to 27 October 1945 and retroactively ratified by the Interim National Assembly of Czechoslovakia on 6 March 1946.
Heimat is a German word translating to 'home' or 'homeland'. The word has connotations specific to German culture, German society and specifically German Romanticism, German nationalism, German statehood and regionalism so that it has no exact English equivalent.
The Wehrmacht War Crimes Bureau, 1939–1945 is a book by Alfred-Maurice de Zayas. It was published in November 1979 in Germany by Universitas/Langen Müller under the title Die Wehrmacht-Untersuchungsstelle, and in America in 1989 under the title The Wehrmacht War Crimes Bureau, 1939-1945 by the University of Nebraska Press. Professor Howard S. Levie, an expert in international humanitarian law, provided the preface for the American version. The book describes some of the work of the Wehrmacht War Crimes Bureau, a special section of the legal department of the Wehrmacht High Command, which collected reports of alleged Allied and German war crimes for purposes of diplomatic protests, war crimes trials, and white books.
Nemesis at Potsdam: The Anglo-Americans and the Expulsion of the Germans is a 1977 book by Cuban-born American lawyer Alfred-Maurice de Zayas. Its title is drawn from Greek mythology; Nemesis is the Greek goddess of revenge. The book implies that at the Potsdam Conference the victorious Allies of World War II took revenge on the Germans, resulting in significant territorial losses in Eastern Europe and the forced transfer of some 15 million Germans from their homelands in East Prussia, Pomerania, Silesia, East Brandenburg, Czechoslovakia, Hungary, and Yugoslavia.
German military law has a long history.
William Anthony Schabas, OC is a Canadian academic specialising in international criminal and human rights law. He is professor of international law at Middlesex University in the United Kingdom, professor of international human law and human rights at Leiden University in the Netherlands, and an internationally respected expert on human rights law, genocide and the death penalty.
The issue of Armenian genocide reparations derives from the Armenian genocide of 1915 committed by the Ottoman Empire. Such reparations might be of financial, estate or territorial nature, and could cover individual or collective claims as well as those by Armenia. The majority of scholars of international law agree that Turkey is the successor state or continuation of the Ottoman Empire. In addition, the Republic of Turkey continued the Ottoman Empire's internationally wrongful acts against Armenians, such as confiscation of Armenian properties and massacres. Former Secretary of the UN Human Rights Committee, Professor Alfred de Zayas, Geneva School of Diplomacy, stated that "[b]ecause of the continuing character of the crime of genocide in factual and legal terms, the remedy of restitution has not been foreclosed by the passage of time".
The United Nations Independent Expert on the Promotion of a Democratic and Equitable International Order is a United Nations Independent Expert appointed by the United Nations Human Rights Council under its special procedures mechanism, to report on the thematic field of the promotion of a democratic and equitable international order. The mandate was established by Human Rights Council resolution 18/6, chiefly supported by developing countries.
