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| ==The trial== | ==The trial== | ||
| Unlike other nations that were declared guilty, Finland was allowed to conduct the trials in Finland under Finnish (]) law with Finnish judges. | Unlike other nations that were declared guilty, Finland was allowed to conduct the trials in Finland under Finnish (]) law with Finnish judges. The law on the trials stipulated the nature of the ] as an illegal ] as a given fact. A crime had clearly been committed; the role of the court was only to name the parties guilty of waging this illegal war. It was thus impossible for defendants to argue that Finland was not the aggressor in the war. | ||
| The law limited criminal liability to the highest leadership; only politicians and the Finnish war-time ambassador in Berlin, Toivo Mikael Kivimäki, could be prosecuted. | The law limited criminal liability to the highest leadership; only politicians and the Finnish war-time ambassador in Berlin, Toivo Mikael Kivimäki, could be prosecuted. | ||
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Revision as of 00:28, 6 August 2007
The war-responsibility trials in Finland (Template:Lang-fi) was a trial of the Finnish wartime leaders held responsible for the starting or continuing the "war of aggression" against the Soviet Union during the Continuation War, 1941-1944. Unlike other World War II war-responsibility trials, the Finnish trials were not international. The trials were conducted in the Finnish Highest Court with Finnish judges.
Background
The Moscow Armistice Treaty contained the following article:
| 13 Article: Finland shall co-operate with Allied Powers to arrest and pass judgement on those accused of war crimes. |
Finns initially thought that the trials would be for conventional war crimes. However, as the Moscow Declaration October 30, 1943 made clear, the Allied powers intended to prosecute for other actions as well.
On the negotiations between Communist Party of Finland leadership and Andrei Zhdanov, the chairman of Allied Control Commission the question of removal of Väinö Tanner, the chairman of Social Democratic Party, was raised. In his private notes Zhdanov wrote:"If Tanner is removed, the Social Democratic Party will shatter..." thus opening road to Communist control of the left.
The Allied Control Commission and the Communist Party of Finland raised the issue of the trials repeatedly during the spring and summer of 1945. When the Treaty of London (London Charter) August 8, 1945 defined three types of crimes, War Crimes, Crimes against peace and Crimes against humanity, it became evident that Finland couldn't be the only country fighting on the German side where leaders wouldn't be convicted. On September 11th the parliament passed a law enabling prosecution of those responsible for war. The Supreme Court of Finland and leading judicial experts protested the law as conflicting with the constitution of Finland and contrary to Western judicial principles, but they didn't comment on the political necessity of it. Also the Finnish public regarded it as a mockery of the rule of law. Juho Kusti Paasikivi, who was the prime minister of Finland at the time, is known to have stated that the conditions of the armistice concerning this matter disregarded all laws.
Only few days later the War Crimes Section of British Foreign Office issued a statement where British government wouldn't wish to prosecute Finnish political leadership for crimes against peace.
The trial
Unlike other nations that were declared guilty, Finland was allowed to conduct the trials in Finland under Finnish (retroactive) law with Finnish judges. The law on the trials stipulated the nature of the Continuation War as an illegal war of aggression as a given fact. A crime had clearly been committed; the role of the court was only to name the parties guilty of waging this illegal war. It was thus impossible for defendants to argue that Finland was not the aggressor in the war.
The law limited criminal liability to the highest leadership; only politicians and the Finnish war-time ambassador in Berlin, Toivo Mikael Kivimäki, could be prosecuted.
The trial started at November 15. The Allied Control Commission, which had a tight grip over Finland, set up a committee to observe the trials and interfered on numerous occasions before the trials ended in February of 1946.
It is often rumoured that Joseph Stalin personally prevented the Finnish marshal and future president Carl Gustaf Emil Mannerheim from being charged in the trials.
Full list of the indicted and their convictions:
- Risto Ryti, president, 10 years hard labor
- Johan Wilhelm Rangell, prime minister, 6 years prison
- Edwin Linkomies, prime minister, 5.5 years
- Väinö Tanner, minister, 5.5 years
- Henrik Ramsay, minister, 2.5 years
- Antti Kukkonen, minister, 2 years
- Tyko Reinikka, minister, 2 years
- Toivo Mikael Kivimäki, ambassador, 5 years
Reactions to the trial
Many Finns see the War Responsibility Trials as a kangaroo court set up for Soviet Union in order to compromise the Finnish war time leaders, and as nothing short of mockery of justice, as ex post facto law was stated against the Finnish constitution.
Even worse in the public opinion was the fact that Soviet leadership, which had conducted an aggressive war in Winter War just over a year before, were not indicted at all, making the whole process hypocritic victor's justice.
The conviction of Väinö Tanner didn't shatter the Social Democrats, but on the contrary, it made him a martyr and hardened the anti-communist stance in the party. Communist sympathisers were ousted from the Social Democrats and control of the labor unions were bitterly contested.
Even Paasikivi complained to his adviser, that the trial convictions were one of the biggest stumbling blocks for improving relations between Finland and the Soviet Union.
Aftermath
After the Paris Peace treaty was ratified in the Soviet Union August 29, 1947, the Allied Control Commission left Finland on September 26th, 1947. President Paasikivi paroled Kukkonen and Reinikka in October and Ramsay in December when they had served five sixths of their sentences. The rest were granted parole in accordance with Finnish criminal law when they had served half of their sentences. On May 19th, 1949 Paasikivi pardoned Ryti, who was hospitalized (his health collapsed during the inprisonment and lead to his death in 1956), and also Rangell, Tanner, Linkomies, and Kivimäki who were still on parole. That day, Paasikivi wrote to his diary:"(It was)...the most noble deed, I have participated in the last five years."
See also
References
- Jakobson, Max (former Finnish Ambassador to the UN); Finnish wartime leaders on trial for "war guilt" 60 years ago Helsingin Sanomat International edition, 28 October 2005
- Meinander, Henrik: Finlands Historia. Part 4 pages 279-282, ISBN 951-50-0883-2
- Rautkallio, Hannu: Sotasyyllisyysnäytelmä, ISBN 951-35-2520-1, Savonlinnan Kirjapaino Oy, 1981
- Rosendahl, Anja & Saija, Olavi: Ajasta Aikaan - Suomen historian käännekohtia (Turning points in Finland's history) , WSOY 1995
- Turtola, Martti: Risto Ryti: Elämä isänmaan puolesta, ISBN 951-1-11783-1, Otava, 1994
Further reading
- Lehtinen, Lasse; and Rautkallio, Hannu; Kansakunnan sijaiskärsijät ("Scapegoats of the Nation"), WSOY 2005
- Tarkka, Jukka; Nobody wanted a cell near Edwin Linkomies Helsingin Sanomat International edition, 28 October 2005
Footnotes
- Jakobson References