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Seitdem der Nationalsozialismus zur Macht gekommen ist, habe ich mich bemüht, seine Folgen für seine Opfer zu mildern und einer Wandlung den Weg zu bereiten. Dazu hat mich mein Gewissen getrieben—und schließlich ist das eine Aufgabe für einen Mann.
Since National Socialism came to power, I have committed myself to softening its consequences for its victims and to preparing the way for the change which must follow. My conscience drove me to these steps – and in the end that is a man’s duty.
–Helmuth James Graf von Moltke, farewell letter to his sons, October 11, 1944 in: Helmuth James Graf von Moltke: Völkerrecht im Dienste der Menschen p. 6 (G. van Roon ed. 1986)
Sixty-four years ago today, Helmuth von Moltke was sentenced to death by the Nazi Volksgericht for his opposition to the Nazi regime. Moltke argued for the scrupulous application of the Geneva and Hague conventions and his interventions saved the lives of thousands, even as they ultimately cost him his own life.
Moltke is a moral example for our time. In the papers found after his death was a stirring argument for war crimes prosecutions of political leaders who contemptuously disrespected the requirements of the Geneva Conventions. In Moltke’s view, lawyers have special responsibilities to uphold the protections found in the Geneva Conventions and face special accountability for failings. Moltke’s views on this subject are widely shared by prosecutors today, which is why David Addington, Alberto Gonzales, Jim Haynes and John Yoo face the strongest likelihood of being prosecuted. Read more on this in my presentation to the American Society of International Law’s conference marking the anniversary of the Nuremberg Tribunals, “When Lawyers Are War Criminals.”
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Freddie Gray’s relatives arrived for the trial in the afternoon, after the prep-school kids had left. By their dress, they seemed to have just gotten off work in the medical and clerical fields. The family did not appear at ease in the courtroom. They winced and dropped their heads as William Porter and his fellow officer Zachary Novak testified to opening the doors of their police van last April and finding Freddie paralyzed, unresponsive, with mucus pooling at his mouth and nose. Four women and one man mournfully listened as the officers described needing to get gloves before they could touch him.
The first of six Baltimore police officers to be brought before the court for their treatment of Freddie Gray, a black twenty-five-year-old whose death in their custody was the immediate cause of the city’s uprising last spring, William Porter is young, black, and on trial. Here in this courtroom, in this city, in this nation, race and the future seem so intertwined as to be the same thing.
Number of Turkish college students detained in the last year for requesting Kurdish-language classes:
Turkey was funding a search for Suleiman the Magnificent’s heart.
A former prison in Philadelphia that has served as a horror-movie set was being prepared as a detention center for protesters arrested at the upcoming Democratic National Convention, and presumptive Republican presidential nominee Donald Trump fired his campaign manager.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”