The Responsibility of Private Economic Actors Sample Clauses

The Responsibility of Private Economic Actors. As we have seen in previous chapters, the tribunals were generally more lenient toward private economic actors – bankers and industrialists – than toward military and government defendants. That lenience extended to enterprise liability. To begin with, most of the economic defendants who were accused of being “connected with plans or enterprises” involving war crimes or crimes against humanity were acquitted. Despite convicting Flick of plunder and the use of slave labor, for example, the Flick tribunal refused to consider him a member of either the “program of systematic plunder” or the slave-labor program. In its (questionable) view, Xxxxx had not been aware of the former83 and had not taken part in the “formation, administration, or furtherance” of the latter.84 Similarly, although the Ministries tribunal acknowledged that Xxxx – the Vice President of the Reichsbank – had financed SS enterprises that he knew made use of slave-labor, it nevertheless acquitted him of participating in the slave-labor program because it did not believe that he had played “a decisive role in the granting of such loans.”85 The tribunals were also willing to ignore their own jurisprudence when doing so favored an economic defendant. As we have seen, the Ministries tribunal convicted a variety of military and government defendants who had knowingly used their authority and discretion to execute a criminal enterprise. The Tribunal nevertheless refused to hold Xxxxxx – the head of the Dresdner Bank – responsible for helping implement the slave-labor program by making loans to SS enterprises, even though it believed that he knew the enterprises were using slaves and that he had authority and discretion concerning the loans: The real question is, is it a crime to make a loan, knowing or having good reason to believe that the borrower will us[e] the funds in financing enterprises which are employed in using labor in violation of either national or international law?... A bank sells money or credit in the same manner as the merchandiser of any other commodity. It does not become a partner in enterprise, and the 80 Justice, III TWC 1118.
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