Hess v. Federal Republic of Germany

90 ILR 387 (1980)

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Hess v. Federal Republic of Germany

Germany Federal Constitutional Court
90 ILR 387 (1980)

AR

Facts

Hess (defendant) was a member of Adolf Hitler’s inner circle. Hess was captured in 1941 and spent the entirety of World War II in prison. After the war, Hess was convicted of war crimes. After 38 years in prison, when Hess was 86 years old, Hess sought his release from prison. The Federal Republic of Germany requested that Hess be released on humanitarian grounds, but the Soviet Union refused to agree to Hess’s release. Hess sued Germany, arguing that it had to keep trying to secure Hess’s release through legal and other grounds.

Rule of Law

Issue

Holding and Reasoning ()

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Humanitarian Law

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