Demjanjuk - Munich II
Demjanjuk - Munich II Commentary by Andriy J. Semotiuk U.S. and Canadian Immigration Lawyer A fundamental principle of Western jurisprudence is individual responsibility for one's actions. In criminal law, this requires that the charges against the accused, and the accused’s responsibility for the crime, must be proven beyond a reasonable doubt. In the Demjanjuk case there was no finding of individual culpability, there was instead, a PRESUMPTION of it. There was no finding of voluntariness, there was instead, a PRESUMPTION of it. That is why this case was a show trial, not a real trial. Let us be clear. No sensible human being denies the facts of the Holocaust, the loss of 6 million Jewish lives or their suffering, nor the turmoil initiated by Nazi Germany that resulted in the loss of some 50 million lives in World War II. What is being questioned, however, is the role Demjanjuk played in all that. One of the great attributes of the jurists at Nuremberg was their insistence that the accused have the ability to fairly defend themselves according to the rule of law and legal principles. Though flawed in some ways, such as its failure to prosecute even one Allied war crime, the involvement of a Soviet prosecutor and its attempt to shift the blame for the Katyn Forest massacre of Polish Officers on to the Germans, still, even with such deficiencies noted, the Nuremberg trials sought to abide by the rule of law and to find the accused guilty of INDIVIDUAL responsibility for the crimes committed. Unlike in the Demjanjuk case, in the case of the Nuremberg defendants, there was no doubt about their identity, there was no doubt about their presence where the events took place and there was little doubt about their personal involvement.
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