United States v. Bersin

Rec. Gp. No. 153, Rolls 1-6, Nat'l Archives & Rec. Adm. (1946)

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United States v. Bersin

Dachau Military Tribunal
Rec. Gp. No. 153, Rolls 1-6, Nat'l Archives & Rec. Adm. (1946)

AR

Facts

Towards the end of World War II, Hitler passed an order to his troops that prisoners of war should be shot if combat conditions require it. Peiper commanded a regiment that included Bersin (defendant). Near the village of Malmedy, the German troops captured 72 American soldiers. The prisoners were forced to assemble in a nearby field, where they were shot to death by machine guns and pistols from several tanks. After the war, Bersin and other German soldiers who took part in the Malmedy Massacre were charged with war crimes. Bersin’s defense counsel argued that the decision to kill the prisoners was made in the heat of battle.

Rule of Law

Issue

Holding and Reasoning ()

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