Federation Nationale des Deportes et Internes Resistants et Patriotes and Others v. Barbie

78 ILR 25 (1985)

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Federation Nationale des Deportes et Internes Resistants et Patriotes and Others v. Barbie

French Court of Cassation
78 ILR 25 (1985)

AR

Facts

Barbie (defendant) was the highest official in the Gestapo in Lyon, France, during World War II. During that time, Barbie was responsible for the deportation, arrest, and murder of several thousand Jews and members of the French Resistance. Barbie was eventually captured and arrested in 1983. The French Government then prosecuted Barbie for crimes against humanity. Barbie argued that his actions were war crimes, not crimes against humanity, and were thus barred by the relevant statute of limitations. The examining magistrate took the position that only acts against Jews in furtherance of the “final solution” constituted crimes against humanity, while crimes against other types of victims were war crimes. Various individuals and members of the French Resistance appealed. The court of appeal held that the torture, deportation, and murder of French Resistance members could only be classified as war crimes. The appellants appealed again to the court of cassation.

Rule of Law

Issue

Holding and Reasoning (Braunschwieg, J.)

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Humanitarian Law

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