In re Koch.

Abstract

International law — Relation to municipal law — Binding force of treaties in municipal law — Incorporation by legislation — Agreement for the Punishment of Major War Criminals, 1945 — Binding force of Nuremberg Judgment in municipal law — The law of Poland.

Extradition — Conditions of — Principle of specialty — Extradition of war criminals — Absence of need to specify exact offence — Sufficiency of statement of facts on which application for extradition is based — Extradition of common criminals contrasted — The law of Poland.

Treaties — Operation and enforcement of — Necessity for municipal legislation — Agreement for the Punishment of Major War Criminals, 1945 — lncorporation in the law of Poland.

Occupation of enemy territory — Nature and effects of — German occupation of Poland, 1939 — 1945 — Special characteristics ofCriminal aims of said occupation — Occupation resulting from unlawful war — Whether occupation in legal sense — Annexation of part of occupied Poland and administrative changes therein — Unlawfulness under international law — German theories — Hague Convention No. IV, Article 42.

Occupation of enemy territory — Legislative, judicial and administrative functions of Occupant — German occupation of Poland, 1939 — 1945 — lntroduction of Occupant's own legal system — Setting up of courts of summary justice.

Occupation of enemy territory — Inhabitants — German occupation of Poland, 1939 — 1945 — Mass killings and deportations of civilian population — Nazi policy towards Jews — Limitations imposed upon Jews and final extermination — Collective responsibility and mass reprisals against local population — Hague Convention No. IV, Articles 43 and 46.

War — In general — Enforcement of the laws of war — Punishment of war crimes — Moscow Declaration of 1943 and London Agreement of 1945 — Effect in municipal law — Principle of nulla poena sine lege — Plea of Act of State — Criminal responsibility of individuals for Act of State — Applicability of Hague Convention No. IV — Crimes under that Convention — Responsibility of administrative head of portion of occupied territory for criminal acts committed therein as part of official occupation policy — The law of Poland.