SS Killer Protected By German Govt.

1. TBH, I'd be more worried if a country started retroactively revoking citizenships by whatever looks good at the moment. After all, since we're already talking SS and the Nazis, the Nuremberg laws are the best example of what can go wrong with taking citizenship as something that can be revoked later.

Besides, I always was a firm believer in the idea that all obligations go both ways. Citizenship comes with a series of obligations, including that if push comes to shove you can be called to go get killed or crippled for your country. But in exchange you get certain rights and guarantees from that country. If those can be revoked at any time, by whatever the current rationale may be, then essentially you don't have rights, you have some potentially empty promises.

Conceptually a state is not unlike the medieval communes. I.e., cities whose citizens swore to stand together and defend each other against attacks from the outside, including from nobles with delusions of grandeur, but really anything else. Such a situation is only worth anything if it's really unconditional. If we can decide post-facto that, nah, in Karl's case we're not coming to his defense 'cause most of us don't even like him, then essentially the whole arrangement is one in which most likely we're all shafted in the long run.

Don't get me wrong, _if_ someone is guilty of war crimes then they should pay for it. If there is evidence against them, then they should be brought to trial for it. But revoking someone's citizenship just because we don't like who gave it to them, seems to me like not the way to go.

2. Also, it seems to me like "membership in a criminal organization" may be a bit pushing it. Is there evidence that he personally committed any crime?

Just having been a member of the SS doesn't actually mean much. Probably most of the SS rank and file basically served as soldiers on both fronts. It's not the same thing as joining Don Guido The Kneecapper to collect protection money, or like joining directly as some concentration camp guard, or anything of the sort. While it was a screwed up paramilitary organization, and the upper echelon were really screwed up in the head, it doesn't mean that every recruit was rounding up Jews for fun. Whole divisions were really just the only kind of "army" that could recruit non-citizens from the occupied zones, and used as essentially army divisions.

Since the Nuremberg trials are mentioned, even there "membership in a criminal organization" was only used for those also accused of other actual crimes. E.g., someone may have been tried for experimenting on prisoners _and_ being a member on the SS, but AFAIK nobody was tried for the latter alone. In effect, it really was an aggravating circumstance, rather than a hanging offense by itself.

Basically if there is evidence that these guys personally actually committed any war crimes, by all means let's put them on trial already. But doing some act of spite just because someone was a member of the SS some 65 years ago... I would hope we're past that stage already.

Of course, that's just a personal opinion, so don't take it as legal advice or anything.
 
Basically if there is evidence that these guys personally actually committed any war crimes, by all means let's put them on trial already. But doing some act of spite just because someone was a member of the SS some 65 years ago... I would hope we're past that stage already.

Of course, that's just a personal opinion, so don't take it as legal advice or anything.

Enough evidence was available for a Dutch court to convict them.

The German legal system attempted to put the case to trial but it was found that there was not enough evidence to even go to trial.

The rest has something to do with too many old Nazis having too much influence in Germany, and a lot do with the fact that you cannot willingly ignore the laws that are written, not even when it looks like a really, really good idea just in this one special case.
 
One can lose their citizenship in a number of ways, but none of these means it is being actively revoked.

AFAIK I would lose my citizenship if I went and obtaiend another - dual citicenship has long been impossible in Germany. I think this may have changed recently, though. At least to degree.
And all those ways are detailed in an ordinary law, the "Staatsangehörigkeitsgesetz". So far I haven't seen any reason why that couldn't contain additional clauses for rescinding German nationality. Disclaimer: IANAL.

And you see no problem in creating laws specifically to make things illegal that are currently legal just so that someone can be thrown into prison?

If any such law would ever be passed to prevent a future repeating of such events, it would most certainly contain a grace period.
I see a problem with helping someone to escape justice. Either take steps to make it possible that such a perpetrator gets his justice in their country of origin, or take efforts to convict him yourself. "Ne bis in idem" doesn't apply across state boundaries.

I see a problem with inheriting laws from a criminal regime and not rescinding the immoral ones. I'm not talking about child support laws or laws about needing a lawyer then. But Germany somehow didn't inherit the Nuremberg racial laws, which revoked Jews' citizenship, did they? :rolleyes:

Yes, simply overthrow the rule of law as you see fit. Easy peasy, no problem at all.
As most other EU countries have much less qualms about extraditing citizens to other EU countries, easing of those laws is to be expected anyway.

Don't get me wrong, _if_ someone is guilty of war crimes then they should pay for it. If there is evidence against them, then they should be brought to trial for it. But revoking someone's citizenship just because we don't like who gave it to them, seems to me like not the way to go.
I think the Dutch Justice system would have been content with an answer like "we can't extradite him, but we'll prosecute him, can you send us a copy of the file of his Dutch conviction to help us?" Instead, the German prosecution after years re-categorized his crime from murder to manslaughter and then said "sorry, the statute of limitations has expired". :rolleyes:

2. Also, it seems to me like "membership in a criminal organization" may be a bit pushing it. Is there evidence that he personally committed any crime?
I used the "criminal organization" argument to argue for a wholesale revocation of the citizenship of all those involved.

Since the Nuremberg trials are mentioned, even there "membership in a criminal organization" was only used for those also accused of other actual crimes.
The SS itself has been sentenced a criminal organization in Nuremberg.

Basically if there is evidence that these guys personally actually committed any war crimes, by all means let's put them on trial already. But doing some act of spite just because someone was a member of the SS some 65 years ago... I would hope we're past that stage already.
Faber was sentenced to death in Holland in 1947. That sentence was converted to life - the new Queen refused to sign death sentences. He escaped in 1952 from prison.

Yes, he actually committed crimes - tortured and murdered detainees. There are more like him - this Dutch wiki page lists a dozen or so Dutch war criminals that escaped justice. It's not like everyone who volunteerd for (Waffen) SS service was prosecuted. There were around 20,000 Dutch volunteers for the Waffen SS.
 
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Enough evidence was available for a Dutch court to convict them.

The German legal system attempted to put the case to trial but it was found that there was not enough evidence to even go to trial.
You claimed that twice; can you back it up with a link?

The rest has something to do with too many old Nazis having too much influence in Germany, and a lot do with the fact that you cannot willingly ignore the laws that are written, not even when it looks like a really, really good idea just in this one special case.
Oh pleease.
 
You claimed that twice; can you back it up with a link?

http://www.donaukurier.de/lokales/i...ille-Nachbar-von-der-Waffen-SS;art599,2103768
Statt dessen ermittelt die Staatsanwaltschaft Düsseldorf ab 1954 wegen der Kriegsverbrechen gegen den Mann. Das dortige Landgericht lehnt die Zulassung der Anklage mit Beschluss vom 27. September 1957 jedoch letztlich ab.


http://www.zeit.de/online/2009/22/ns-verbrecher-faber?page=2
Die deutschen Behörden eröffnen zwar Ermittlungsverfahren gegen die verbliebenen sechs Flüchtlinge aus Breda. Aber sie werden allesamt eingestellt. Heute ist schwer zu sagen, warum: Weil die niederländische Regierung auf der Auslieferung beharrt und sich deshalb weigert, Rechtshilfe zu leisten? Oder weil die deutschen Ermittlungsbehörden von alten Nazis durchsetzt sind, wie die Niederländer meinen?


Oh pleease.

What?

Nothing you ask is "easy", all if it would require that we not only violate our constitution but also generally recognized legal principles.

I really don't think it's worth it.
 
I see a problem with inheriting laws from a criminal regime and not rescinding the immoral ones. I'm not talking about child support laws or laws about needing a lawyer then. But Germany somehow didn't inherit the Nuremberg racial laws, which revoked Jews' citizenship, did they? :rolleyes:

Not sure what your point is there. Nobody is applying some Nazi law in this case, as far as I can understand. And two wrongs don't make a right. Revoking citizenship of another category as revenge, won't make the first one any less wrong, nor be itself any less wrong.

I think the Dutch Justice system would have been content with an answer like "we can't extradite him, but we'll prosecute him, can you send us a copy of the file of his Dutch conviction to help us?" Instead, the German prosecution after years re-categorized his crime from murder to manslaughter and then said "sorry, the statute of limitations has expired". :rolleyes:

I can't say I'm familiar with the case, but it does sound strange.

I used the "criminal organization" argument to argue for a wholesale revocation of the citizenship of all those involved.

Which I still argue that it's a BS argument, as most of those didn't do anything even remotely justifying that. Again: actual crimes, I'm all ears. Just "membership in SS" however, it doesn't impress me much.

The SS itself has been sentenced a criminal organization in Nuremberg.

That may well be, but it's still at best guilt by association if you propose some mass punishment just based on just membership.

Faber was sentenced to death in Holland in 1947. That sentence was converted to life - the new Queen refused to sign death sentences. He escaped in 1952 from prison.

Again, I'm not quite familiar with the case, so I can't comment much on the case itself. But just that someone was sentenced to death at that time, is far from proving anything. Holland was at the time so out for blood and set to make an example of anyone who even dealt with the Nazis at all, that IIRC even Han van Meegeren was eligible for anything between very long prison sentences and death for merely selling a painting to the Nazis. Even though he actually sold it to a Dutch banker who in turn sold it to Goering.

Frankly, a lot of the countries around were out for vengeance after the war, and anything more than giving the occupying Germans the time of the day was suddenly punishable as high treason. Don't get me wrong, I can't blame them, after the way they've been treated during that occupation. But it's also a situation where I can't take "X was sentenced to death" by one of those courts as indication that X was objectively some mass-murdering monster. I'd like to see a trial from scratch, basically.

Yes, he actually committed crimes - tortured and murdered detainees. There are more like him - this Dutch wiki page lists a dozen or so Dutch war criminals that escaped justice.

Well, that does sound serious. Seems to me like he should have been tried for that.

It's not like everyone who volunteerd for (Waffen) SS service was prosecuted. There were around 20,000 Dutch volunteers for the Waffen SS.

Yet a bit earlier you were proposing to strip them all of citizenship for that membership in the Waffen SS...
 
Thanks for the links.

As you yourself brought in the argument of "too many old Nazis having too much influence in Germany", I really can't pass up the opportunity of quoting this from your second link (page 1):
Im Zollamt Wyler werden die flüchtigen Kriegsverbrecher mit Kaffee und Kuchen begrüßt. "Der Zollamtsleiter war ein Kriegskamerad", sagt Bikker 1997 dem Stern. Der Amtsrichter in Kleve verurteilt sie tags darauf wegen illegalen Grenzübertritts zu je zehn Mark Ordnungsstrafe. Ein Gerichtsdiener schenkt jedem zwanzig Mark – zehn für die Strafe, zehn für die Reise. "Beim Gericht, das waren alles Kameraden", sagt Bikker.

As to the quote from Die Zeit, it's not clear to me whether Dutch government refused to help the Germans with the legal case against Faber, or that it's just a hypothesis by Die Zeit. I'm asking for clarification, not for necessarily defending the Dutch prosecution. After all, the Dutch prosecution for quite some years weren't interested in prosecuting war criminals either and, for instance, botched the Pieter Menten case.

Dutch journalist Arnold Karskens - son of a resistance fighter - remarks about this trial:
In het proces in Düsseldorf werden alleen Duitse getuigen gehoord die niet onwelwillend tegenover Faber stonden. Belastende verklaringen van Nederlanders kwamen niet voor in het dossier.
In the Düsseldorf trial only German witnesses were heard who were not unfavourable towards Faber. Incriminating statements of Dutchmen were not on file.

Nothing you ask is "easy", all if it would require that we not only violate our constitution but also generally recognized legal principles.

I really don't think it's worth it.
I'm still not quite convinced that it would be a violation of the constitution. That would ultimately be up to the Karlsruhe Constitutional Court. As to generally recognized legal principles: I agree with HansMustermann that citizenship brings with it also an obligation of the state to protect its citizens. But there are limits, IMHO. And there are very few states actually which have a wholesale prohibition on extraditing own citizens, much less when they have been convicted.

Let's take a less passionate subject. Suppose a German is caught in Thailand with possession of drugs, gets convicted and does time. However, he manages to escape and goes back to Germany. Do you think he should do the rest of his time?
 
pardon me for being disgusted that Germany did not throw out every single law passed between 1934 and 1945.
 
Not sure what your point is there. Nobody is applying some Nazi law in this case, as far as I can understand. And two wrongs don't make a right. Revoking citizenship of another category as revenge, won't make the first one any less wrong, nor be itself any less wrong.
Faber was a Dutchman. He enlisted in the SS. By virtue of a Hitler decree of 1943, he got German citizenship because of his enlistment in the SS. This German citizenship prohibited his extradition to Holland.

Again, I'm not quite familiar with the case, so I can't comment much on the case itself. But just that someone was sentenced to death at that time, is far from proving anything. Holland was at the time so out for blood
In total, 154 death sentences were pronounced and 40 actually executed. It does give an impression to the severity of the crime.

and set to make an example of anyone who even dealt with the Nazis at all, that IIRC even Han van Meegeren was eligible for anything between very long prison sentences and death for merely selling a painting to the Nazis. Even though he actually sold it to a Dutch banker who in turn sold it to Goering.
Don't overstate it. But it is a funny story. He was between a rock and a hard place. Either confess he was a forger or be accused of collaboration. Two days in prison, he confessed being a forger. However, his problem was that his forgeries were so good that art critics didn't believe it. So, to prove he was the forger he had to make another forgery while in prison. His "Vermeer" Emmaus-goers still hangs in Boymans museum in Rotterdam (Boymans being the banker who first bought the painting).

Yet a bit earlier you were proposing to strip them all of citizenship for that membership in the Waffen SS...
I proposed that Germany strip those people of German citizenship who obtained it by virtue of enlisting in the SS. I'd be happy to call Faber a Dutchman if it means he goes back to Breda prison. :) Holland never made any attempts of stripping these 20,000 volunteers of their Dutch citizenship for enlisting in a foreign army (as it had done with the volunteers in the Spanish civil war).

BTW, we're discussing here the case of several Dutchmen. Are there also war criminals of other nationalities in a similar situation, and how did their cases go?
 
The war has been over for 65 years, if he hasn't repeated his offenses in that time, I don't see how he is a threat to Germany or the Netherlands.
 
But once we establish that citizenship is something we can revoke on a whim, what's to keep the Nuremberg laws from happening again? In essence that _is_ the reason why citizenship is irrevocable in the constitution.
 
pardon me for being disgusted that Germany did not throw out every single law passed between 1934 and 1945.

Why would it? Guilt by association, anyone? Here I was thinking that laws get thrown out or ammended based on whether the people want them any more or not, rather than knee-jerk reactions.
 
This is a great way to show that all of the Nuremberg decisions were invalid.

Well, yes.

They were very elaborate show trials, in so much as the "crimes" they prosecuted have only been declared crimes after the war. At the time these crimes were committed, it had been entirely legal to do as people did.

The entire thing is a huge violation of "no crime without a law".

And, no, I don't have a better solution.
 
Well, yes.

They were very elaborate show trials, in so much as the "crimes" they prosecuted have only been declared crimes after the war. At the time these crimes were committed, it had been entirely legal to do as people did.

The entire thing is a huge violation of "no crime without a law".

And, no, I don't have a better solution.
The Nuremberg Trials didn't come out of thin air. The 1928 Kellog-Briand Pact stated:
The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it, as an instrument of national policy in their relations with one another.
and was signed by, among others, by the Allied Big Four and Germany. This was used as basis for the "crimes against peace".

For the war crimes, there were already the Hague Conventions and Geneva Conventions.

For the crimes against humanity, well, the term was novel in a legal context, but really, was mass murder and mass deportation of civilians allowed before Nuremberg?
 
Well, yes.

They were very elaborate show trials, in so much as the "crimes" they prosecuted have only been declared crimes after the war. At the time these crimes were committed, it had been entirely legal to do as people did.

The entire thing is a huge violation of "no crime without a law".

And, no, I don't have a better solution.

Clearly the solution would have been to let these people run around Germany for ever, they were great patriots after all.
 
The Nuremberg Trials didn't come out of thin air. The 1928 Kellog-Briand Pact stated:

and was signed by, among others, by the Allied Big Four and Germany. This was used as basis for the "crimes against peace".

For the war crimes, there were already the Hague Conventions and Geneva Conventions.

For the crimes against humanity, well, the term was novel in a legal context, but really, was mass murder and mass deportation of civilians allowed before Nuremberg?

Look into the voyage of the St Louis in 1939. It showed that no one wanted the jews, so they got returned to germany and killed. This was over 1000 jews who got killed because america turned them away. Why should they have expected anyone to care?
 
This is a great way to show that all of the Nuremberg decisions were invalid.

Hmm? I can't see the relevance to the discussion at hand, no matter how hard I try. In one case there's the application of the international war laws at the time, and in the other case we have this newfangled concept called "rule of the law" which says you cannot apply punishments retroactively. I.e., you can't decide now that something is worth removing citizenship and apply it in 1945.

But yeah, let's not let such concepts as rule of the law get in the way of some BS flag waving and chest thumping.
 

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