Peter von Hagenbach

Peter von Hagenbach (around 1420 - May 9, 1474 Breisach am Rhein) was born into a Alsace-Bourgogne family. They were originally from Hagenbach and owned a castle there.

He was instated as Landvogt by Archduke Sigmund of Habsburg to rule the land he had leased from Duke Charles the Bold of Burgundy. There he coined the term Landsknecht -from German, "Land" "land, country" + "Knecht" "servant." It was originally intended to indicate soldiers of the lowlands of the Holy Roman Empire as opposed to the Swiss mercenaries. As early as 1500 the misleading spelling of "Lanzknecht" became common because of the association with "Lanze" "lance".

Following a rebellion by towns of the Upper Rhine against his tyranny Hagenbach was put on trial for the atrocities committed during the occupation of Breisach, found guilty of war crimes and beheaded. [http://assets.cambridge.org/97805218/81258/excerpt/9780521881258_excerpt.pdf An Introduction to the International Criminal Court] William A. Schabas, Cambridge University Press, Third Edition] His trial by an ad hoc tribunal of the Holy Roman Empire in 1474, was the first “international” recognition of commanders’ obligations to act lawfully. [http://www.icrc.ch/web/eng/siteeng0.nsf/html/57JQ2X The evolution of individual criminal responsibility under international law] By Edoardo Greppi, Associate Professor of International Law at the University of Turin, Italy, International Committee of the Red Cross No. 835, p. 531-553, October 30, 1999.] [http://www.law.harvard.edu/alumni/bulletin/2006/spring/gallery.php Exhibit highlights the first international war crimes tribunal] by Linda Grant, Harvard Law Bulletin.] He was convicted of crimes "he as a knight was deemed to have a duty to prevent." He defended himself by arguing that he was only following orders, [http://www.cbc.ca/news/reportsfromabroad/murray/20020718.html Judge and master] By Don Murray, CBC News, July 18, 2002.] from the Duke of Burgundy to whom the Holy Roman Empire had given Breisach. [ [http://law.gsu.edu/Miller_Lecture/2006/MillerLecture-S06-BassiouniDraft.pdf The Perennial Conflict Between International Criminal Justice and Realpolitik] February 10, 2006 Draftby M. Cherif Bassiouni -Distinguished Research Professor of Law and President, International Human Rights Law Institute, DePaul University College of Law, To be Presented March 14, 2006 as the 38th Henry J. Miller Distinguished Lecture, Georgia State University College of Law, and to appear in the Georgia State University Law Review] Despite the fact there was no explicit use of a doctrine of command responsibility it is seen as the first trial based on that principle. [http://www.globalpolicy.org/intljustice/general/2005/command.htm Command Responsibility] The Mens Rea Requirement, By Eugenia Levine, Global Policy Forum, February 2005]

ee also

*Burgundian Wars

External links

* [http://www.zum.de/whkmla/military/15cen/swissburg14741477.html Swiss-Burgundian War 1474-1477]

References