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What shall we speak?

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Or how can we clear ourselves? How can we justify ourselves? God has exposed the iniquity of your servants. What can we speak? And how can we justify ourselves?


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God has found out the iniquity of your servants; behold, we are my lord's slaves, both we and the one in whose possession the cup has been found. Or how shall we clear ourselves? God hath found out the iniquity of thy servants: behold, we are my lord's servants, both we, and he also with whom the cup is found. Christian Standard Bible "What can we say to my lord? God has exposed your servants' iniquity.

We are now my lord's slaves--both we and the one in whose possession the cup was found. And now all of us are your slaves, especially the one who had the cup. How can we clear ourselves? God has uncovered our guilt. All of us are now your slaves and not just the one with whom the cup was found.

God has discovered the sin of your servants, and now we've become slaves to you, Your Excellency, both we and the one in whose possession the cup has been discovered. God has exposed the sin of your servants!


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We are now my lord's slaves, we and the one in whose possession the cup was found. What will we speak? Or how will we clear ourselves? God has found out the iniquity of your servants. The Greiser judgment has received very limited play in subsequent international criminal law jurisprudence.

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At the International Criminal Tribunal for the former Yugoslavia ICTY , Greiser has been cited five times: in three trial judgments, in a separate and partly dissenting appeals opinion, and in a partly dissenting appeals opinion. On the contrary, these Tribunals and courts specifically included crimes such as murder, extermination and deportation in their findings on persecution. Both acts were considered by the Polish Tribunal to be deportation. The Greiser case played p. These acts include invasions, bombardments, blockades, and other evident manifestations of inter-state armed force.

Not every act of aggression, to be sure, constitutes a crime of aggression.


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The acts must be manifest violations of the Charter by virtue of their character, gravity and scale. Moreover, only persons in a position effectively to exercise control over or to direct the political or military action of a state can be found personally responsible for crimes of aggression. This latter requirement immediately emerges from the language of Article 8bis 1 , as previously discussed, and also is buttressed by proposed Article 25 3bis which addresses principles and modalities of individual criminal responsibility as well as the proposed amendments to the Elements of the Crime of Aggression adopted at the Review Conference.

Although transhistorically there is little doubt that the Nazi invasion of Poland would classify as an act of aggression that would give rise to findings of the commission of crimes of aggression under the Rome Statute, the question arises as to who exactly would bear individual penal responsibility under the proposed Rome Statute framework. Probably not. He did not effectively control the political or military action of a state. Nor did he direct such state action.

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Certainly, he p. He did not even exercise it, realistically, within Danzig itself. He was involved in the implementation of aggressive war, but he was not a top policy-maker. He acted upon the orders of others and, ultimately, was sacked by his superior Forster in the immediate run up to war. Assuredly, Greiser exercised great discretionary authority over the Warthegau once aggressive war had begun; in this capacity, however, his criminality involved war crimes, genocide, and crimes against humanity, to which the leadership requirement is not, in any event, formally applicable pursuant to the Rome Statute.

National courts can therefore prosecute the Greisers of today—just as a national court had prosecuted Greiser himself. The Rome Statute, however, has tremendous social constructivist effect. It informs the content of national legal systems, whether through direct incorporation or through its status as a normative trendsetter.

Its definition of aggression—and attendant leadership requirements—foreseeably may, in turn, come to suffuse national jurisdictional frameworks. The content of the Rome Statute certainly influences the broader corpus of international criminal law in both substance and practice.

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I have elsewhere expressed considerable scepticism about the deterrent and retributive value of international criminal punishment, although I remain more optimistic about the expressive and didactic value of such proceedings. The proceedings offer a detailed account of the build-up to aggressive war in Danzig. They also provide an account of the suffering of the Polish people.

Local officials, after all, matter greatly to afflicted local populations. But, on the other hand, this leadership requirement also may enable many other participants in the aggressive p. Without the committed support of the upper and senior ranks, and personnel such as Greiser, there would be no war effort at all. Assuredly, as the Farben and Krupp judgments noted, reaching down and criminally implicating everyone, including the foot soldier, who somehow assists in the war effort would be tantamount to mass punishment.

Such accountability conversations, moreover, need not take the form of criminal trials. Transitional justice contemplates a broad range of processes. At present, however, criminal courtrooms and jailhouses represent the ideal-type pinnacle of justice, the first-best practice, and the iconic response. Simply put, international criminal law normatively defines the justice agenda.

Hence, persons who fall outside of its parameters are, in effect, collectively exonerated. This putative exoneration, in turn, might insulate such persons from other forms of post-conflict justice, such as truth commissions, inquiries, reparations, sanctions, and customary mechanisms. When international criminal law parsimoniously rushes to blame only the very top leadership, it runs the risk of sapping the ability of other accountability processes to deracinate the deeper, structural, systemic, and connived causes of aggressive war.

The Law Reports summarize the indictment, the trial, and the judgment in places through direct excerpted quotation of the language of the Tribunal itself. The Law Reports also provide analysis of key legal issues and factual background.

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That said, the Law Reports do not verbatim reproduce the judgment. Epstein reports the figure of , The 17 October Decree extended the jurisdiction of the Tribunal to all war criminals rendered to Poland for trial and over alleged war crimes regardless of their place of commission. The Polish government first proclaimed adherence to the London Agreement on 25 September Legislative ratification of this adherence ensued in , as did promulgation in the Official Gazette , meaning that the London Agreement then became binding law in Poland.

It did not recognise that Greiser and Forster had been arch rivals in Danzig…It also stated that Greiser aided Forster in his being named head of state in Danzig—surely a galling charge, since Greiser had tried to keep Forster from assuming such a position.

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For example, the International Committee of the Red Cross ICRC Rules on Customary International Humanitarian Law refer to Greiser only four times in the comprehensive section on practice: in regard to rules relating to public and private property in occupied territory, pillage, forced labour, and the act of displacement. ITT 14 January , []. ITT 14 January , []; see also [] footnote noting that Greiser was charged with the persecution of Polish as well as Jewish people. ITA 22 March , [29].

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