67. Peter von Hagenbach is Convicted of War Crimes, Breisach, Germany 1474

The trial of Peter von Hagenbach, as depicted by Deibold Schilling the Elder (1485), Berner Chronik des Diebold Schilling des Älteren. This is a very careful and calm trial, and everybody is thinking hard and making careful judgements. That von Hagenbach had been tortured to the point that he had to be carried around in a wheelbarrow would have ruined the mood.

Laws regulating war crimes have existed since ancient times, and trials of people who have committed them have existed as well; the trial of Peter von Hagenbach wasn’t unusual for being a trial to judge whether he has violated laws of war when he was holding down Breisach for Charles the Bold; it was unusual because it was an international trial, and because part of the judgement included the decree that if soldiers are given orders they know to be wrong, they are culpable if they follow those orders. The trial would be cited as precedent for the Nuremberg trials after World War II. We discuss the trial, we discuss war crimes, and Michelle presents a children’s book which posits von Hagenbach as a hero to be emulated. We are both scandalized.

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One thought on “67. Peter von Hagenbach is Convicted of War Crimes, Breisach, Germany 1474”

  1. Hi, I love your podcast. I have one question. You are very quick to disregard Thomas More’s notes on the princes in the tower saying that he would be biased towards the tutors. Don’t you think that by saying this you are insinuating that More is willing to be dishonest in order to help the tutors. Think about it.

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