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Concept
Summary execution
Summary
A summary execution is an execution in which a person is accused of a crime and immediately killed without the benefit of a full and fair trial. Executions as the result of summary justice (such as a drumhead court-martial) are sometimes included, but the term generally refers to capture, accusation, and execution all conducted within a very short period of time, and without any trial. Under international law, refusal to accept lawful surrender in combat and instead killing the person surrendering is also categorized as a summary execution (as well as murder).
Summary executions have been practiced by police, military, and paramilitary organizations and are frequently associated with guerrilla warfare, counter-insurgency, terrorism, and any other situation which involves a breakdown of the normal procedures for handling accused prisoners, civilian or military.
In nearly all civilian jurisdictions, summary execution is illegal, as it violates the right of the accused to a fair trial. Almost all constitutions or legal systems based on common law have prohibited execution without the decision and sentence of a competent judge, and the UN's International Covenant on Civil and Political Rights (ICCPR) has declared the same:
Every human being has the inherent right to life. This right shall be protected by law. No man shall be deprived of his life arbitrarily.
[The death] penalty can only be carried out pursuant to a final judgment rendered by a competent court.
In practice, though, extrajudicial killings have been performed by police and domestic forces in various countries and times, sometimes under martial law. It is also performed by armed bands fighting against governments and common citizens.
Under military law, summary execution is illegal in almost all circumstances, as a military tribunal would be the competent judge needed to determine guilt and declare a sentence of death. However, there are certain exceptions to this rule in emergencies and warfare where summary execution is legal.
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The Allies, formally referred to as the United Nations from 1942, were an international military coalition formed during the Second World War (1939–1945) to oppose the Axis powers, led by Nazi Germany, the Empire of Japan, and the Kingdom of Italy. Its principal members by the end of 1941 were the United Kingdom, United States, Soviet Union, and China. Membership in the Allies varied during the course of the war. When the conflict broke out on 1 September 1939, the Allied coalition consisted of the United Kingdom, France, and Poland, as well as their respective dependencies, such as British India.
Commando Order
The Commando Order (Kommandobefehl) was issued by the OKW, the high command of the German armed forces, on 18 October 1942. This order stated that all Allied commandos captured in Europe and Africa should be summarily executed without trial, even if in proper uniforms or if they attempted to surrender. Any commando or small group of commandos or a similar unit, agents, and saboteurs not in proper uniforms who fell into the hands of the German forces by some means other than direct combat (by being apprehended by the police in occupied territories, for instance), were to be handed over immediately to the Sicherheitsdienst (SD, or Security Service) for immediate execution.
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Adolf Hitler (ˈaːdɔlf ˈhɪtlɐ; 20 April 1889 - 30 April 1945) was an Austrian-born German politician who was the dictator of Germany from 1933 until his suicide in 1945. He rose to power as the leader of the Nazi Party, becoming the chancellor in 1933 and then taking the title of Führer und Reichskanzler in 1934. During his dictatorship, he initiated World War II in Europe by invading Poland on 1 September 1939. He was closely involved in military operations throughout the war and was central to the perpetration of the Holocaust, the genocide of about six million Jews and millions of other victims.