Stosowanie niemieckiego prawa karnego na okupowanych ziemiach polskich podczas II wojny światowej a art. 43 konwencji haskiej z 1907 r.
The Application of German Criminal Law in the Occupied Polish Territories during World War II and Article 43 of the 1907 Hague Convention

Summary/Abstract: The article is devoted to the issue of the relationship between the application of German criminal law in the occupied Polish territories (the so-called incorporated territories and in the General Government) and the provisions of international law, in particular the Hague Convention. The legal basis for the application of German criminal law, examples of the strictest, draconian regulations and examples of judgments in which they were applied are presented. Then, the regulation of Article 43 of the Hague Convention and comments in the German legal science regarding this regulation are discussed. Efforts were made to confront the achievements of the doctrine with the legal status introduced by the occupant on Polish lands during World War II. The conclusions drawn, indicating multiple violations of the provisions of the Convention by the German authorities, were additionally supported by post-war judgments of Polish courts.

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