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Flick trial

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The United States of America vs. Friedrich Flick, et al. or Flick trial was the fifth of twelve Nazi war crimes trials held by United States authorities in their occupation zone in Germany ( Nuremberg ) after World War II . It was the first of three trials of leading industrialists of Nazi Germany ; the two others were the IG Farben Trial and the Krupp Trial .

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96-624: These trials were all held before American military tribunals . The Flick trial was one of the 12 Subsequent Nuremberg Trials of the military, political, and economic leadership of Nazi Germany, held after the Nuremberg Trials (the "Trial of the Major War Criminals before the International Military Tribunal"), the most well-known trial which tried 22 of the most important captured Nazis. Like

192-570: A CO may delegate some powers of summary dealing to a subordinate. The superior officer of a CO, a Higher Authority, may vary a CO's powers of summary dealing. An implication is that every person subject to service law must have a CO, and a CO must have a Higher Authority. The military judicial system is headed by the Judge Advocate General who is a civilian and part of the Ministry of Justice . Administrative procedures enable

288-540: A German vessel, acting under a legal judge and only for members of the armed forces. In fact, no such laws have been enacted so far. Instead, suspects of crimes committed abroad are subject to the district attorney of the city of Potsdam . The reason is that the operational headquarters ( Einsatzführungskommando ) is located there. Nonetheless, there exist numerous acts that only concern soldiers describing their special status, their rights and duties. The military penal code ( Wehrstrafgesetz ) applies to soldiers by extending

384-576: A certain command structure and have the capacity to sustain military operations, or between such organized groups. It is generally characterized by extreme violence , destruction, and mortality, using regular or irregular military forces . Warfare refers to the common activities and characteristics of types of war, or of wars in general. Total war is warfare that is not restricted to purely legitimate military targets , and can result in massive civilian or other non-combatant suffering and casualties . While some war studies scholars consider war

480-567: A conscript is, after the commission of crime, declared unfit for duty for medical or security reasons. In addition to judicial dismissal, the Defence Forces and the Border Guard have the option of administratively ending the military person's service if the person is in a paid position. This can happen even if no criminal charges are pressed. In the Defence Forces, the professional serviceman can also be administratively suspended for

576-562: A crime of treasonous nature (specifically, crimes in chapters 11 and 12 of the Penal Code, e.g. espionage, high treason and related crimes), shall be sentenced to lose their military rank also. Thus, not only active military persons but also retired personnel, reservists and persons who are too old to belong to reserve may lose their military ranks for crimes of civilian nature. Military crimes are relatively common in Finland. Partly this

672-546: A criminal organization previously by the IMT. All defendants pleaded "not guilty". The court dismissed count 3, stating that the evidence presented (which was all for cases prior to September 1939) fell outside its jurisdiction as the tribunal had a mandate only for acts committed during World War II, i.e., from September 1939 to May 1945. I — Indicted    G — Indicted and found guilty Military tribunals Military justice (or military law )

768-508: A few years. While conventional wisdom holds that casualties have increased in recent times due to technological improvements in warfare, this is not generally true. For instance, the Thirty Years' War (1618–1648) had about the same number of casualties per capita as World War I , although it was higher during World War II (WWII). That said, overall the number of casualties from war has not significantly increased in recent times. Quite to

864-508: A general feature of animal social behavior. Some proponents of the idea argue that war, while innate, has been intensified greatly by developments of technology and social organization such as weaponry and states. Psychologist and linguist Steven Pinker argued that war-related behaviors may have been naturally selected in the ancestral environment due to the benefits of victory. He also argued that in order to have credible deterrence against other groups (as well as on an individual level), it

960-455: A lawful order. It also includes ordinary crimes, but perhaps with different standards of proof and punishment than for civilians, on the grounds that more is expected of military personnel by their oaths of office. Many of the terms used date back to the era during which the code was written. War War is an armed conflict between the armed forces of states , or between governmental forces and armed groups that are organized under

1056-417: A military or a civilian crime for more than two years in prison and there are no special grounds for leniency. If the sentence is a life sentence, dismissal is mandatory. The court may also sentence dismissal with a shorter prison sentence if the crime shows that the person is unsuitable for state employment. If the military person is no longer in service, the summary disciplinary procedure cannot be used and

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1152-469: A noble cause is a contributing factor towards war, few wars have originated from a desire for war among the general populace. Far more often the general population has been reluctantly drawn into war by its rulers. One psychological theory that looks at the leaders is advanced by Maurice Walsh. He argues the general populace is more neutral towards war and wars occur when leaders with a psychologically abnormal disregard for human life are placed into power. War

1248-517: A paid military position, females serving voluntarily and paid military personnel. However, military chaplains are outside the criminal military jurisdiction. Reservists belong to the military jurisdiction when activated voluntarily or involuntarily. The military jurisdiction starts from the moment when a person reports to duty or was liable to report to duty and lasts to the moment when the person has been discharged from service and, in case of conscripts and involuntarily activated reservists, has also left

1344-459: A period of one to six months. Similarly to state military servants, persons serving in a deployed force on an international mission may be administratively dismissed by the commander of the Finnish contingent. A conscript or a reservist cannot be dismissed but their service can be suspended by the brigade commander if they are suspected of having committed a crime which shows that they may endanger

1440-606: A position as superior and behaviour unsuitable for military person ( Finnish : sotilaan sopimaton käyttäytyminen , Swedish : olämpligt uppträdande av krigsman ). Other crimes are subject to usual civilian law. The military has a jurisdiction to investigate all military crimes proper, and also a number of other crimes that have been specifically listed as belonging to the military jurisdiction. These include e.g. various types of murder, assault, theft, fraud, forgery, computer hacking and illegal divulging of classified information. However, they are only under military jurisdiction if

1536-513: A professor at the University of Illinois , says approximately 90–95% of known societies throughout history engaged in at least occasional warfare, and many fought constantly. Keeley describes several styles of primitive combat such as small raids , large raids, and massacres . All of these forms of warfare were used by primitive societies, a finding supported by other researchers. Keeley explains that early war raids were not well organized, as

1632-403: A public letter of reprimand or a fine. If the superior does not feel that his powers allow him to give sufficient punishment, he will transfer the matter to the next higher superior. When the brigade commander determines that he cannot give sufficient punishment, he will transfer the matter to the public prosecutor who will commence prosecution in a civilian court. If the serviceman feels that

1728-488: A sentence of disciplinary punishment or up to one year in prison. During wartime, it carries a mandatory prison sentence of not more than four years, and, if the crime caused a particularly immediate danger to the unit, a mandatory minimum of one year, with a maximum sentence of ten years. When the military has jurisdiction over an ordinary crime, and the crime carries fine as a punishment, a disciplinary punishment may be given instead of fine both in summary proceedings and in

1824-404: A service man or woman to be discharged for unsatisfactory behaviour in a process similar to that in the private sector. They also allow a superior of any rank to award up to three extra duties or similar to a subordinate for minor infractions. Since being introduced this has significantly reduced the number of cases dealt with summarily. The United States Constitution authorized the creation of

1920-609: A source of violent conflict. Pope Urban II in 1095, on the eve of the First Crusade , advocating Crusade as a solution to European overpopulation, said: For this land which you now inhabit, shut in on all sides by the sea and the mountain peaks, is too narrow for your large population; it scarcely furnishes food enough for its cultivators. Hence it is that you murder and devour one another, that you wage wars, and that many among you perish in civil strife. Let hatred, therefore, depart from among you; let your quarrels end. Enter upon

2016-605: A system of military justice. Article I, Section 8 permits the U.S. Congress to "make rules for the government and regulation of the land and naval forces ." Congress issued these rules first in 1806 as the Articles of War . Military justice during the American Civil War was governed by the 1863 Lieber Code . The Articles of War were superseded in 1951 by the Uniform Code of Military Justice (UCMJ). The UCMJ

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2112-583: A universal and ancestral aspect of human nature , others argue it is a result of specific socio-cultural, economic, or ecological circumstances. The English word war derives from the 11th-century Old English words wyrre and werre , from Old French werre (also guerre as in modern French), in turn from the Frankish * werra , ultimately deriving from the Proto-Germanic * werzō ' mixture, confusion ' . The word

2208-465: Is an officer and the other a warrant officer, an NCO or a private. The court of appeals, that acts as the first instance for the prosecution of officers with at least major's rank, will have a military member who has at least a major's rank. The Supreme Court of Finland has two officers with at least colonel's rank as members when handling military crimes. These members are not named for a specific case but serve for two-year terms. The military members of

2304-632: Is caused by leaders who seek war such as Napoleon and Hitler . Such leaders most often come to power in times of crisis when the populace opts for a decisive leader, who then leads the nation to war. Naturally, the common people don't want war; neither in Russia nor in England nor in America, nor for that matter in Germany. That is understood. But, after all, it is the leaders of the country who determine

2400-493: Is commonplace encourage their children to be more aggressive. War can be seen as a growth of economic competition in a competitive international system. In this view wars begin as a pursuit of markets for natural resources and for wealth. War has also been linked to economic development by economic historians and development economists studying state-building and fiscal capacity . While this theory has been applied to many conflicts, such counter arguments become less valid as

2496-418: Is due to the fact that the bar of criminality has been set consciously low. The crime of absence without leave is committed by a soldier who is even a minute late, and a slightest wilful or negligent disregard for a standing order or a regulation fulfils the indicia of the "service crime". The legislator has purposefully given the military superiors the legal tools by which to maintain discipline by punishing even

2592-620: Is estimated that between 1985 and 1994, 378,000 people per year died due to war. Most wars have resulted in significant loss of life, along with destruction of infrastructure and resources (which may lead to famine , disease, and death in the civilian population ). During the Thirty Years' War in Europe, the population of the Holy Roman Empire was reduced by 15 to 40 percent. Civilians in war zones may also be subject to war atrocities such as genocide , while survivors may suffer

2688-776: Is federal law, found in Title 10 United States Code Chapter 47, and implemented by the Manual for Courts-Martial , an executive order issued by the President of the United States in his capacity as Commander-in-Chief of the United States Armed Forces . Court-martial convictions in the United States may be appealed through military courts of appeal to the United States Court of Appeals for

2784-522: Is formed by the disciplinary arrest, which may be sentenced for up to 30 days and is served in the detention facilities of the convict's garrison. When the military person holds a permanent or temporary paid position as a state military servant ( Finnish : sotilasvirkamies , Swedish : militärtjänsteman ), as all officers and NCOs in regular active service do, they will be sentenced to dismissal ( Finnish : viraltapano , Swedish : avsättning ) in addition to other punishments, if they are convicted of

2880-547: Is fueled by displacement and projection where a person transfers his or her grievances into bias and hatred against other races , religions , nations or ideologies . By this theory, the nation state preserves order in the local society while creating an outlet for aggression through warfare. The Italian psychoanalyst Franco Fornari , a follower of Melanie Klein , thought war was the paranoid or projective "elaboration" of mourning. Fornari thought war and violence develop out of our "love need": our wish to preserve and defend

2976-621: Is related to the Old Saxon werran , Old High German werran , and the modern German verwirren , meaning ' to confuse, to perplex, to bring into confusion ' . The earliest evidence of prehistoric warfare is a Mesolithic cemetery in Jebel Sahaba , which has been determined to be about 13,400 years old. About forty-five percent of the skeletons there displayed signs of violent death, specifically traumatic bone lesions. In War Before Civilization , Lawrence H. Keeley ,

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3072-419: Is the body of laws and procedures governing members of the armed forces . Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems . Legal issues unique to military justice include the preservation of good order and discipline,

3168-569: Is vanishingly small. In year 2014, courts of appeals handled only a total of 5 military criminal cases. Members of any branch of the Bundeswehr , the German armed forces, are subject to the ordinary civil jurisdiction and unless otherwise stated all civil laws apply to soldiers as well. The German constitution allows the federal government in art. 96 II to create military courts under special circumstances: in times of war, outside Germany or on

3264-824: The American Civil War , including about 6% in the North and approximately 18% in the South. The war remains the deadliest conflict in American history, resulting in the deaths of 620,000 military personnel. United States military casualties of war since 1775 have totaled over two million. Of the 60 million European military personnel who were mobilized in World War I , 8 million were killed, 7 million were permanently disabled, and 15 million were seriously injured. During Napoleon 's retreat from Moscow, more French military personnel died of typhus than were killed by

3360-649: The Canadian Forces (CF) (that is, Royal Canadian Navy, Canadian Army, Royal Canadian Air Force, Canadian Joint Operations Command, and Canadian Special Operations Forces Command) are primarily governed by the National Defence Act (NDA). Section 12 of the NDA§ authorizes the governor in council's creation of the Queen's Regulations and Orders (QR&Os). The QR&Os are subordinate legislation having

3456-747: The Court Martial , the Service Civilian Court , custody and appeals. The Act also creates the post of the Director of Service Prosecutions . Summary dealing by a Commanding Officer (CO) is the central feature, this is acceptable within the ECHR because an accused always has the right to elect trial by the Court Martial. Most cases are dealt with summarily. Typically a CO is a Lieutenant Colonel or equivalent (NATO grade OF-4), but

3552-951: The Korean War , the Indo-Pakistani War of 1971 , the Iran–Iraq War , the Gulf War , the Eritrean–Ethiopian War , and the Russo-Ukrainian War . The Human Security Report 2005 documented a significant decline in the number and severity of armed conflicts since the end of the Cold War in the early 1990s. However, the evidence examined in the 2008 edition of the Center for International Development and Conflict Management's "Peace and Conflict" study indicated

3648-532: The New York Court of Appeals ; William C. Christianson , former Minnesota Supreme Court justice; Frank Richman , former Indiana Supreme Court justice; and Richard D. Dixon , former North Carolina Superior Court judge, as an alternate judge. The Chief of Counsel for the Prosecution was Telford Taylor , and the lead Prosecutor in this case was Joseph M. Stone, Esq., a labor lawyer on leave from

3744-489: The Soviet Union were around 27   million . Since a high proportion of those killed were young men who had not yet fathered any children, population growth in the postwar Soviet Union was much lower than it otherwise would have been. Once a war has ended, losing nations are sometimes required to pay war reparations to the victorious nations. In certain cases, land is ceded to the victorious nations. For example,

3840-555: The legality of orders , and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances. Military justice is distinct from martial law , which is the imposition of military authority on a civilian population as a substitute for civil authority, and is often declared in times of emergency , war , or civil unrest . Most countries restrict when and in what manner martial law may be declared and enforced. All Commands of

3936-664: The 45th Chapter of the penal code, encompasses only the crimes which only military persons can commit. The most important of these are various types of "service crime" ( Finnish : palvelusrikos , Swedish : tjänstgöringsbrott ) which encompasses all voluntary and negligent disobedience of orders and regulations, "guard crime" ( Finnish : vartiorikos , Swedish : vakttjänstbrott ), encompassing any misdeed during guarding duty, absence without leave ( Finnish : luvaton poissaolo , Swedish : olovlig frånvaro ), desertion ( Finnish : sotakarkuruus , Swedish : överlöpning ), diverse forms of disobedience against superiors, misuses of

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4032-706: The Armed Forces (CAAF), a federal appellate court consisting of five civilian judges appointed by the President of the United States. CAAF decisions are subject to direct review by the Supreme Court of the United States . The offenses covered by the UCMJ include those encompassed by " high crimes and misdemeanors " which covers officials generally, and includes perjury of oath, abuse of authority , bribery, intimidation, misuse of assets, failure to supervise, dereliction of duty, conduct unbecoming, and refusal to obey

4128-509: The Army Act. The military courts in India are coming under extreme stress with the establishment of Armed Forces Tribunal in 2007. There is increasing voice in the country for the reform on the lines other liberal democracies are seeing in their military justice system. The United Kingdom's arrangements for justice in the armed forces dates back many centuries to the Articles of War . In

4224-499: The Border Guard. When the investigation is ready, the case is brought to the company commander or sergeant major or for his superior for consideration. After hearing the suspect, the disposing superior either frees the suspect from suspicion or gives an appropriate punishment within the range allowed to him. The range is During peacetime, professional soldiers (with the exception of certain soldiers deployed to international missions) cannot be given other disciplinary punishment than

4320-639: The CF to administer the day-to-day considerations of the Forces. For example, officer cadets attending military college are organized and subject to regulations more appropriate for their academic success than the enforcement of discipline, as might be expected of fully trained members. Volume IV, Appendix 6.1 of The Queen's Regulations and Orders for the Canadian Military Colleges (QR Canmilcols) applies. A judge advocate general (JAG) has headed

4416-700: The Canadian military legal branch since before the First World War . The branch interprets the Canadian Forces ' own internal rules and in the Code of Service Discipline , and also international and humanitarian laws and codes of war, such as the Geneva Conventions . In Canadian practice, armed combat is a strictly regulated environment and legal officers are a crucial part of the planning that goes into operational decisions. The Military Law Centre on

4512-707: The Great Depression, though some consider that it did not play a very large role in the recovery, though it did help in reducing unemployment. In most cases, such as the wars of Louis XIV, the Franco-Prussian War , and World War I , warfare primarily results in damage to the economy of the countries involved. For example, Russia's involvement in World War I took such a toll on the Russian economy that it almost collapsed and greatly contributed to

4608-530: The Manual of Service Law. One motivating factor behind the changes in the legislation combining discipline acts across the armed forces is the trend towards tri-service operations and defence organisations. It deals with military offences , civil offences committed in some circumstances, offences by civilians associated with the armed forces or with the armed forces overseas (including family members), authority of Commanding Officer to deal with offences summarily ,

4704-564: The Neanderthals and ancestors of apes and primates. For the period 3000 BCE until 1991, estimates range from 151   million to 2   billion. The deadliest war in history, in terms of the cumulative number of deaths since its start, is World War II , from 1939 to 1945, with 70–85 million deaths, followed by the Mongol conquests at up to 60 million. As concerns a belligerent's losses in proportion to its prewar population,

4800-705: The Russians. Of the 450,000 soldiers who crossed the Neman on 25 June 1812, less than 40,000 returned. More military personnel were killed from 1500 to 1914 by typhus than from military action. In addition, if it were not for modern medical advances there would be thousands more dead from disease and infection. For instance, during the Seven Years' War , the Royal Navy reported it conscripted 184,899 sailors, of whom 133,708 (72%) died of disease or were 'missing'. It

4896-613: The U.S. Department of Labor in Washington, D.C. The indictment was filed on February 8 and amended on March 18, 1947; the trial lasted from April 19 to December 22, 1947. Friedrich Flick was sentenced to seven years of imprisonment, two of the other defendants received shorter sentences, and the remaining three were acquitted. Count 2 excluded Terberger, count 3 applied to Flick, Steinbrinck, and Kaletsch, count 4 to Flick and Steinbrinck, while count 5 applied only to Steinbrinck, who had been an SS Brigadeführer . The SS had been declared

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4992-438: The United States and U.S. Generals , expressed support for an economic view of war. The Marxist theory of war is quasi-economic in that it states all modern wars are caused by competition for resources and markets between great ( imperialist ) powers, claiming these wars are a natural result of capitalism . Marxist economists Karl Kautsky , Rosa Luxemburg , Rudolf Hilferding and Vladimir Lenin theorized that imperialism

5088-988: The chances of becoming a psychiatric casualty – of being debilitated for some period of time as a consequence of the stresses of military life – were greater than the chances of being killed by enemy fire. Swank and Marchand's World War II study found that after sixty days of continuous combat, 98% of all surviving military personnel will become psychiatric casualties. Psychiatric casualties manifest themselves in fatigue cases, confusional states, conversion hysteria, anxiety, obsessional and compulsive states, and character disorders. One-tenth of mobilised American men were hospitalised for mental disturbances between 1942 and 1945, and after thirty-five days of uninterrupted combat, 98% of them manifested psychiatric disturbances in varying degrees. Additionally, it has been estimated anywhere from 18% to 54% of Vietnam war veterans suffered from posttraumatic stress disorder . Based on 1860 census figures, 8% of all white American males aged 13 to 43 died in

5184-599: The civil penal code ( Strafgesetzbuch ) to crimes that can be only committed on military duty: General offenses (such as desertion, illegal use of weapons and more) and offenses that interfere with the military hierarchy (such as mutiny or abuse). Law enforcing inside any branch is done by the military police , the Feldjäger . When investigating, working for the attorney is equivalent to any German police in civil issues. In cases of both groups involved (on German terrain), regular and military police cooperate. In emergencies,

5280-778: The conflict, and increased revenues by weapons manufacturers . Three of the ten most costly wars, in terms of loss of life, have been waged in the last century. These are the two World Wars, followed by the Second Sino-Japanese War (which is sometimes considered part of World War II , or as overlapping). Most of the others involved China or neighboring peoples. The death toll of World War II, being over 60 million, surpasses all other war-death-tolls. Military personnel subject to combat in war often suffer mental and physical injuries, including depression, posttraumatic stress disorder , disease, injury, and death. In every war in which American soldiers have fought in,

5376-414: The contrary, on a global scale the time since WWII has been unusually peaceful. Estimates for total deaths due to war vary widely. In one estimate, primitive warfare from 50,000 to 3000 BCE has been thought to have claimed 400   million±133,000 victims based on the assumption that it accounted for the 15.1% of all deaths. Other scholars find the prehistoric percentage much lower, around 2%, similar to

5472-446: The course of conflict and may eventually morph into "peace conditions" – the minimal conditions under which a state may cease to wage a particular war. Throughout the course of human history, the average number of people dying from war has fluctuated relatively little, being about 1 to 10 people dying per 100,000. However, major wars over shorter periods have resulted in much higher casualty rates, with 100–200 casualties per 100,000 over

5568-447: The courts of law. When the crime falls under military jurisdiction, it is usually investigated by the serviceman's own unit. During such investigation, the serviceman's superior and the company commander have the power to detain the suspect. The battalion commander and military police officers have also the right to arrest the suspect and to conduct searches inside a military area. When the company commander or his superior feels that

5664-403: The crime has been committed against another military person or against the Defence Forces. Unlike other crimes, the military crimes have separate sentence ranges for peace and wartime. During wartime, the crimes carry considerably larger sentence ranges and, if the crime causes the danger to the military unit, the sentence range is even harsher. For example, desertion carries, in the peacetime,

5760-638: The crime is non-trivial and requires professional investigation, they may submit the issue to the Defence Command for investigation. The Defence Command has, in addition to the power of arrest, the power to use almost all other measures that are available to the Finnish police . If the Defence Command requires the use of the most invasive investigative measures (e.g. wiretaps, use of deep cover agents or computer intrusion) they may either request

5856-761: The district court are selected by the court of appeals on the motion of the Commander of the Finnish Army . The military members of the Courts of Appeals are selected by the Ministry of Justice on motion of the Ministry of Defence. The military members of the Supreme Court are selected by the President of Finland . The sentences of the courts for military crimes are served in civilian prisons. An exception

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5952-604: The force of law. Since the principle of delegatus non-potest delegare has not achieved rigid standing in Canada, the QR&;Os authorize other military officials to generate orders having similar, but not equal, status. These instruments can be found in the Canadian Forces Administrative Orders and Defence Administrative Orders and Directives; they are used as direction for authorities within

6048-418: The globe. The invention of gunpowder , and its eventual use in warfare, together with the acceleration of technological advances have fomented major changes to war itself. In Western Europe, since the late 18th century, more than 150 conflicts and about 600 battles have taken place. During the 20th century, war resulted in a dramatic intensification of the pace of social changes, and was a crucial catalyst for

6144-658: The grounds of Royal Military College of Canada , staffed with military lawyers, oversees the education of officers and troops in legal matters, trains military lawyers and advises Ottawa on matters of policy and doctrine . Legal education is integrated into the regular training that CF members undergo. The Finnish military law concerns the members of the Finnish Defence Forces and the Finnish Border Guard . The military jurisdiction encompasses all military persons: conscripts, students training for

6240-426: The growth of left-wing politics . Mao Zedong urged the socialist camp not to fear nuclear war with the United States since, even if "half of mankind died, the other half would remain while imperialism would be razed to the ground and the whole world would become socialist." A distinctive feature of war since 1945 is that combat has largely been a matter of civil wars and insurgencies. The major exceptions were

6336-459: The increasing mobility of capital and information level the distributions of wealth worldwide, or when considering that it is relative, not absolute, wealth differences that may fuel wars. There are those on the extreme right of the political spectrum who provide support, fascists in particular, by asserting a natural right of a strong nation to whatever the weak cannot hold by force. Some centrist, capitalist, world leaders, including Presidents of

6432-490: The late 19th Century this was added to the annual Army Act and embodied in the Naval Discipline Act . The Air Force Act was added in 1918. In 1966 a process of harmonisation started with the introduction of a quinquennial Armed Forces Act. The Armed Forces Act 2006 replaces the three separate service discipline acts and earlier Armed Forces Acts as the system of law under which the Armed Forces operate. In

6528-419: The military area. During wartime, also civilians serving in the Defence Forces or in civilian institutions that have been put under the direction of Defence Forces are under military jurisdiction. Enemy prisoners of war fall under Finnish military jurisdiction during their imprisonment. As in Germany, persons under military jurisdiction are under the usual civilian criminal law. The military criminal law,

6624-435: The military has no longer any law enforcement power over the issue. In such cases, the former service member is investigated by the civilian police but the case is handled by a court with military members. In sentencing, disciplinary punishments cannot be used. Instead if a disciplinary punishment, an ordinary day-fine is sentenced. Typically, this is the case when a reservist is absent from an obligatory refresher exercise or

6720-444: The military penal code but clearly against a military regulation. The head of the unit as immediate superior who acts as primary disciplinary master has the exclusive right to choose: non-judicial punishment (such as fines, curfews, arrests up to seven days), forwarding the decision to the next superior officer of the unit (arrest then can be extended up to 21 days) or calling the military service court ( Truppendienstgericht ) which has

6816-442: The most destructive war in modern history may have been the Paraguayan War (see Paraguayan War casualties ). In 2013 war resulted in 31,000 deaths, down from 72,000 deaths in 1990. War usually results in significant deterioration of infrastructure and the ecosystem, a decrease in social spending, famine , large-scale emigration from the war zone, and often the mistreatment of prisoners of war or civilians. For instance, of

6912-542: The motivations for war, but no consensus about which are most common. Military theorist Carl von Clausewitz said, "Every age has its own kind of war, its own limiting conditions, and its own peculiar preconceptions." Dutch psychoanalyst Joost Meerloo held that, "War is often...a mass discharge of accumulated internal rage (where)...the inner fears of mankind are discharged in mass destruction." Other psychoanalysts such as E.F.M. Durban and John Bowlby have argued human beings are inherently violent. This aggressiveness

7008-599: The nature and presence of warfare. Thus, he argues, warfare is not a universal human occurrence and appears to have been a historical invention, associated with certain types of human societies. Montagu's argument is supported by ethnographic research conducted in societies where the concept of aggression seems to be entirely absent, e.g. the Chewong and Semai of the Malay peninsula. Bobbi S. Low has observed correlation between warfare and education, noting societies where warfare

7104-529: The nine million people who were on the territory of the Byelorussian SSR in 1941, some 1.6 million were killed by the Germans in actions away from battlefields, including about 700,000 prisoners of war, 500,000 Jews, and 320,000 people counted as partisans (the vast majority of whom were unarmed civilians). Another byproduct of some wars is the prevalence of propaganda by some or all parties in

7200-549: The other trials, the Flick trial took place at the Palace of Justice . The defendants in this case were Friedrich Flick and five other high-ranking directors of Flick's group of companies, Flick Kommanditgesellschaft , or Flick KG . The charges centered on slave labor and plundering, but Flick and the most senior director, Otto Steinbrinck , were also charged for their membership in the "Circle of Friends of Himmler." The circle

7296-500: The overall decline in conflicts had stalled. Entities contemplating going to war and entities considering whether to end a war may formulate war aims as an evaluation/propaganda tool. War aims may stand as a proxy for national-military resolve. Fried defines war aims as "the desired territorial, economic, military or other benefits expected following successful conclusion of a war". Tangible/intangible aims: Explicit/implicit aims: Positive/negative aims: War aims can change in

7392-416: The participants did not have any formal training. Scarcity of resources meant defensive works were not a cost-effective way to protect the society against enemy raids. William Rubinstein wrote "Pre-literate societies, even those organized in a relatively advanced way, were renowned for their studied cruelty.'" Since the rise of the state some 5,000 years ago, military activity has continued over much of

7488-419: The police to conduct the measure or hand over the case to the police, as agreed between the investigator and the competent policeman. If the police considers it necessary, they may always take the case over, however. In the Border Guard, the Border Guard headquarters has the same internal law enforcement authority as the Defence Command in the Defence Forces, in addition to the regular law enforcement powers of

7584-399: The policy and it is always a simple matter to drag the people along, whether it is a democracy or a fascist dictatorship or a Parliament or a Communist dictatorship. ... the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works

7680-436: The power for further punishment (like degradation and shortening the salary up to five years). The judge of such a court is a civil one, two military officers are attending every case and act as consultants to the judge. In Germany, there are no federal or military prisons . If a soldier is sentenced to jail for up to six months, the punishment is executed by the soldier's barracks administration. He will remain in arrest for

7776-574: The previous decade the European Convention on Human Rights (ECHR) had considerable impact on the administration of military justice, particularly the need for the independence of the courts martial system. Nevertheless, the underlying premise of the service justice system is that discipline is a matter for commanders. The Armed Forces Act 2006 completed the harmonisation of service law, and took full effect on 1 November 2009. Guidance about its application and related matters are provided in

7872-525: The psychological aftereffects of witnessing the destruction of war. War also results in lower quality of life and worse health outcomes. A medium-sized conflict with about 2,500 battle deaths reduces civilian life expectancy by one year and increases infant mortality by 10% and malnutrition by 3.3%. Additionally, about 1.8% of the population loses access to drinking water . Most estimates of World War II casualties indicate around 60 million people died, 40 million of whom were civilians. Deaths in

7968-413: The punishment was unjust, he can appeal to the brigade commander. The brigade commander's decision can be appealed to the district court within seven days. However, the appeals will not prevent the execution of the punishment. The military crimes that go to court are handled by civilian courts that have military members. The district court has a learned civilian judge and two military members. One of them

8064-435: The regular police is authorized to maintain order until the military police has arrived. Soldiers that violate military regulations may also receive penalties in form of Non-judicial punishment or in severe cases judicial punishments by a special type of court. These procedures are defined by the military discipline code ( Wehrdisziplinarordnung , WDO). The WDO describes how to proceed on offenses that are not (yet) covered by

8160-407: The sacred object to which we are attached, namely our early mother and our fusion with her. For the adult, nations are the sacred objects that generate warfare. Fornari focused upon sacrifice as the essence of war: the astonishing willingness of human beings to die for their country, to give over their bodies to their nation. Despite Fornari's theory that man's altruistic desire for self-sacrifice for

8256-417: The safety of others. Following this, the person may be declared permanently unfit for duty by the Defence Forces regional office for safety and security reasons. As an exception to the principle that the military jurisdiction concerns only military persons, the penal code provides for the loss of military rank. Any person who is sentenced to prison for at least two years or to prison for any length of time for

8352-401: The same time but continue serving in his unit on duty times unless the court has imposed further limits. Otherwise soldiers will be detained in civil state prisons. In the case of a soldier being sentenced to jail for one year or more (six months or more in case of bribery) he will be discharged from the armed forces. India has its own Army Act , Navy Act and Air Force Act. These laws define

8448-674: The same way in any country. Several theories concern the evolutionary origins of warfare. There are two main schools: One sees organized warfare as emerging in or after the Mesolithic as a result of complex social organization and greater population density and competition over resources; the other sees human warfare as a more ancient practice derived from common animal tendencies, such as territoriality and sexual competition. The latter school argues that since warlike behavior patterns are found in many primate species such as chimpanzees , as well as in many ant species, group conflict may be

8544-438: The slight appearances of bad conduct if they feel it necessary. On the other hand, handing out unofficial punishments is discouraged in the extreme. The number of military crimes is yearly somewhat above 4,000. An absolute majority of these are handled by summary measures, i.e. by a punishments given by the military superiors. Only some 250 military crimes in a year end up for handling in district courts. The number of appeals

8640-469: The start of the Russian Revolution of 1917 . World War II was the most financially costly conflict in history; its belligerents cumulatively spent about a trillion U.S. dollars on the war effort (as adjusted to 1940 prices). The Great Depression of the 1930s ended as nations increased their production of war materials. By the end of the war, 70% of European industrial infrastructure

8736-572: The statutory provisions as applicable to men and women in uniform. All these three Acts are available on search from the official website. There are certain para military forces in India too who have laws akin to the ones applicable to defence services. This includes the Border Security Force Act, Coast Guard Act, Indo-Tibetan Border Police Force Act and the Assam Rifles Act. All such Acts draw their inspiration from

8832-514: The territory of Alsace-Lorraine has been traded between France and Germany on three different occasions. Typically, war becomes intertwined with the economy and many wars are partially or entirely based on economic reasons. The common view among economic historians is that the Great Depression ended with the advent of World War II . Many economists believe that government spending on the war caused or at least accelerated recovery from

8928-497: Was a group of influential German industrialists and bankers—founded in 1932 by Wilhelm Keppler and taken over by Himmler in 1935—for the purpose of giving financial support to the Nazis. Its members "donated" annually about 1 million Reichsmark to a "Special Account S" in favor of Heinrich Himmler . The judges in this case, heard before Military Tribunal IV, were Charles B. Sears (presiding judge), former Chief Judge of

9024-588: Was destroyed. Property damage in the Soviet Union inflicted by the Axis invasion was estimated at a value of 679 billion rubles. The combined damage consisted of complete or partial destruction of 1,710 cities and towns, 70,000 villages/hamlets, 2,508 church buildings, 31,850 industrial establishments, 40,000 mi (64,374 km) of railroad, 4100 railroad stations, 40,000 hospitals, 84,000 schools, and 43,000 public libraries. There are many theories about

9120-667: Was important to have a reputation for retaliation, causing humans to develop instincts for revenge as well as for protecting a group's (or an individual's) reputation (" honor "). Crofoot and Wrangham have argued that warfare, if defined as group interactions in which "coalitions attempt to aggressively dominate or kill members of other groups", is a characteristic of most human societies. Those in which it has been lacking "tend to be societies that were politically dominated by their neighbors". Ashley Montagu strongly denied universalistic instinctual arguments, arguing that social factors and childhood socialization are important in determining

9216-533: Was the result of capitalist countries needing new markets . Expansion of the means of production is only possible if there is a corresponding growth in consumer demand . Since the workers in a capitalist economy would be unable to fill the demand, producers must expand into non-capitalist markets to find consumers for their goods, hence driving imperialism. Demographic theories can be grouped into two classes, Malthusian and youth bulge theories: Malthusian theories see expanding population and scarce resources as

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