Conference paper

THE STATE OF LAW AND HUMAN RIGHTS

Werner Becker ; University of Giessen, Giessen, Germany

Abstract

The author analyses political, philosophical, ethical and legal implications of the trial in which, in August of 1997, some former members of the Politburo of the United Socialist Party of the former Democratic Republic of Germany were sentenced to prison terms after they had been found guilty for the murders committed by the East German border patrols when trying to prevent people from fleeing to the West. The legal grounds for such a sentence is dubious, not only because it runs counter to the ban on the retroactive enforcement of legal provisions but also because it presupposes the universal validity of the western concept of human rights. If the intention was to react legally to what, from the Western point of view were unpardonable acts during the communist reign, then the most prominent representatives of that system should have been — in accordance with wartime law — treated as the enemies defeated in a (cold) war.

Keywords

Hrčak ID:

105644

URI

https://hrcak.srce.hr/105644

Publication date:

16.1.1998.

Article data in other languages: croatian

Visits: 1.863 *