Lifting Warfare Rules Recalls Nazi War Trials, as Depicted Here

Share article

The nearly universal condemnation that has been directed toward President Trump after his Easter Sunday rant regarding his intent to destroy the entire Iranian “civilization”—a stance he has doubled down on several times since—has led to shrieks of international war crimes from many quarters, from the Pope to ordinary folks who are no dopes.

But it remains a Trumpian talking point as he wrestles with trying to reach a face-saving negotiated resolution to a war that many people wish he hadn’t started, perhaps even the President himself. This posture has deep, if surprising, links to Minnesota and the Twin Cities.

Illogical Logic

Going to the brink of war criminology comes as no surprise, as it follows the illogical path the administration has trod since it initiated the conflict. One of the most unsettling features was a remark by Secretary of War Pete Hegseth, buried within a peroration about the extraordinary military success of the undertaking.

Pointing out that because of United States armed forces’ prowess, “it’s not a fair fight,” the Forest Lake native went on to declare that the vastly superior American military will not follow “any stupid rules of engagement.”

While a bit ambiguous, the message that emerges is that U.S. forces will not subscribe to the internationally recognized rules of warfare. Those protocols are derived from the Geneva Conventions, a four-part series of treaties signed in 1949 by 194 countries, including the United States. These conventions establish humanitarian rules for warfare, such as avoiding civilian casualties and providing for the treatment of prisoners.

Stemming from a trio of similar arrangements dating back to 1864, the 1949 pact establishes a basis for the prosecution of international war crimes, much like the post-World War II Nuremberg Trials of Nazi leadership that began 80 years ago. These events are famously depicted in the critically acclaimed movie Nuremberg, which happens to be derived from the book The Nazi and the Psychiatrist by Minneapolis author Jack El-Hai. Anyone who hasn’t seen it would be well-advised to view it—whether online, streaming, or otherwise.

The Minnesota Connection

In addition to the Minneapolis authorship of the source material, the Nuremberg Trials have another significant Minnesota connection. The chief prosecutor was Robert Jackson, a Justice of the Supreme Court who took a leave from the tribunal in 1946 to handle the case against the Nazi leadership.

Selected by President Truman to lead the prosecution team, Jackson had been the architect of a legal doctrine known as “home port” just a few years earlier. This doctrine was applied in the landmark case Northwest Airlines, Inc. v. Minnesota, in which the High Court ruled that the entire fleet of the airline—only 11 planes at that time—could be subject to personal property taxes in the state where the carrier was based, even though the airplanes spent significant time in other jurisdictions. That principle allowed the state to tax the entire fleet without apportioning taxes to other states, a tenet still applied to airlines today.

The tale of the Minneapolis-originated book, its conversion to Hollywood cinema, and the real-life characters in it—including Justice Jackson—were presciently recounted in this publication two months ago, before the current national conversation regarding war crimes even began.

About the Author

Marshall H. Tanick
Marshall H. Tanick
Marshall H. Tanick is a Twin Cities Constitutional and employment law attorney and historian.

Become a Minneapolis Times Member

Become a member of the Minneapolis Times community and be in the know for all things Minneapolis.

Related articles

Quatrefoil Library – Minnesota’s Historical LBGTQIA+ Library Celebrates 40th Anniversary

A Discussion with Karen Hogan, Head Librarian, Katie Hagen, Library Manager and Iggy Gehlen, Vice President Founded in 1986,...

Politically Homeless: A Vote Is Not a Home

Voting against the other side can keep you loyal long after you stop feeling represented. An election can leave...

The Scariest House on the Block

Politics is serious business. Political theater is another matter. Have an idea we should draw next? Leave it...

Socrates Has Some Questions for the City Council

Before requiring drivers in driverless cars, Minneapolis council members might explain their reasoning on jobs, safety and consumer...