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BBCNEWS HARDtalk October 19, 2021 03:34:00

This had never happened before in human history that the leaders of a state, germany vanquished, should be put on trial before an international tribunal this was a completely new thing. and as part of that process, new crimes were invented genocide, the killing of groups, crimes against humanity, the killing of individuals. there s a problem, of course, these crimes did not exist in 1939 or 1942 as such, and so they were applied retroactively. well, they weren t on the charge sheet, where they, genocide was not on the charge sheet in 1945? genocide was a subheading of war crime, they sort of snuck it in. the guy who invented the concept in autumn of 1944, raphael lemkin, a rather wonderful character, was desperately upset that it wasn t on the list of crimes, and so he flew himself to london to get it into the indictment, which is he succeeded in doing as a war crime, but not as a crime on its own. ....

Human History , Raphael Lemkin , They Weren T , War Crime , Charge Sheet , Nuremberg Crime Of Aggression , Wasnt On The List ,

BBCNEWS HARDtalk October 19, 2021 03:38:00

Lemkin says no . people get killed en masse, not because what they ve done but, because they are a member of a group. the law must protect them as a group. no, says lauterpacht. if you protect them as a group, you will replace the tyranny of the state with the tyranny of the group. and i think that has, to a certain extent, happened. because you, in a sense, fall into the trap that the nazis set. yes. when lemkin published his book, axis rule, in november 19114, he received an extraordinary letter from a friend of his that said, look, i m looking to make this public. i don t want to criticise you, but by taking the concept of genocide and wrapping it around the group, you ve taken a biological approach to the definition of the crime and you ve taken the same path that hitler took . and that argument i think is a powerful one. when you say it resonates with you, with all respect, have you not, to a certain extent, fallen into the trap? because you write very frankly, very ho ....

Raphael Lemkin , Hersch Lauterpacht , En Masse , Axis Rule , Nazis Set , Nuremberg Crime Of Aggression ,

BBCNEWS HARDtalk October 19, 2021 03:51:00

I don t think that s the case. in 1996, the international court ofjustice in the hague, for the first time, said the protection of the environment is part of international law. so the next stage is to ask oneself the question if we re going to use the law at the international level to stop people mass killing, should we use international law criminal law to stop people from causing massive damage to the human to the environment? so, who s in your notional crosshairs? is it the chinese, building their coal fired stations? is it the president of brazil who continues to allow logging in the amazon rainforest? and how do you define that as a crime with intent? i get daily emails on those subjects and on other subjects. i ve looked more at the historical type of things, to give the kinds of examples. for example, chernobyl the failure of a country to notify neighbours that there is a massive radioactive cloud passing above them. there was a case involving a british company called tr ....

Human To , Criminal Law , Nuremberg Crime Of Aggression , Amazon Rainforest , Radioactive Cloud ,

BBCNEWS HARDtalk October 19, 2021 03:45:00

Of augusto pinochet, not so far from here, because actually, i d come. former chilean leader. former chilean president and then a senator, arrested in london 16th october 1998. a few days later, i get the call would i act for him? and in the end, i did not act for him because i d been in a bbc studio on the sunday night before world service, zeinab badawi, who asked me whether i thought he should be entitled to claim immunity and i said, publicly on the radio, no. my own personal view is if you ve committed a mass crime international crime, genocide, crime against humanity, war crimes no immunity for a former head of state. serving head of state would be different. and i was able to, if you like, use that to avoid professional embarrassment. that got you out of one hole, but what you have done over ....

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BBCNEWS HARDtalk October 19, 2021 03:50:00

We ve had four crimes. the old one, war crimes 19th century. then three invented at nuremberg crime of aggression, waging illegal war, genocide, crimes against humanity. they all focus on the protection of the human. there s a gap and we re facing that gap right now in the face of climate change, the face of biodiversity, marine pollution. there s a gap in relation to the protection of the environment it is not protected by the criminal law. and the proposalfor a new crime of ecocide which, incidentally, is notjust supported by me, but by the pope, secretary general of the united nations, various countries around the world and i think it will happen. it is fair to say it s supported by people rhetorically, without having the deep legal knowledge you have, and i would put to you that if you pursue a legal action which, in all sort of realistic scenarios, is never going to bring a result, you re actually bringing the legal system into disrepute. there is a danger to pushing it ....

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