The first war criminal: Peter von Hagenbach

In the 20th century, we had many individuals convicted of war crimes, with some sentenced to death. However, the first recorded trial of this kind was in Europe during the Middle Ages, over 500 years ago, a topic covered in the Nerdologia podcast. Welcome to a new episode of "História Nerdologia." My name is Felipe Figir.

As a history columnist, podcaster, YouTuber, professor, and someone familiar with law, or if you watched Nerdologia's episode on the trial of Peter Von Hagenbach in August 2023, we discussed the history and establishment of the International Criminal Court, currently prominent in the news. It is the first permanent international tribunal for judging individuals for genocide, crimes against humanity, war crimes, and the crime of aggression.

In that video, we commented on how history, unfortunately marked by violence, has many well-documented events since antiquity characterized as massacres or similar terms, especially during wartime. This violence sparked moral and ethical debates condemning episodes of excessive or unnecessary violence and advocating for what should be appropriate or ethical conduct for a warrior.

From the Code of Hammurabi onward, topics like the treatment of prisoners, pillaging of cities, and the recognition of vulnerable groups such as the elderly and children have been present across various cultures throughout history. Although not codified as war crimes as they are today, such acts were prevalent in medieval Europe, integral to its portrayal in films, series, and games—perhaps even excessively compared to reality.

On May 9, 1469, in the region of Padre Calé, the Treaty of San Omer was signed. Duke Sigismund of Habsburg leased some of his lands in southern Alsace to Duke Charles of Burgundy for 50,000 florins, a currency containing gold. Sigismund aimed to form a defensive alliance with Charles to better defend his lands against the French and Swiss, also using the money to acquire land in the Alpine region of Tyrol.

The Duchy of Burgundy enjoyed significant autonomy and rivalled its more powerful neighbors, situated between the Kingdom of France and Germanic lands, sometimes aligning with one and sometimes with another. At various times, it even served as a vassal of France. Charles of Burgundy appointed a knight named Peter Von Hagenbach as his administrator of the leased lands, including a smaller territory in Alsace.

He organized a small army and set out to control the new territories, which turned into a disaster. Initially, local German-speaking people did not welcome a new ruler who spoke French and was a vassal of the Duke of Burgundy. Peter Von Hagenbach proved to be a cruel and violent administrator, increasing taxes, imposing recruitment of farmers, and his soldiers were abusive and violent towards villagers. He ordered roadblocks, tolls, and bribes from Swiss merchants passing through, even though they were not under his authority. Reports of abusive arrests surfaced.

When representatives from the village of Tan requested an audience to complain, they were executed without trial. According to accounts cited by the French historian Baron de Barante, Peter Von Hagenbach was prone to using sexual violence against women as a weapon, authorizing his soldiers to commit such crimes freely and committing such acts himself, including against a nun.

At the same time, Peter Von Hagenbach was trusted by the Duke of Burgundy, serving as an interpreter in official talks between the Duke and Emperor Frederick III of the Holy Roman Empire, discussing a potential marriage between their children. Peter Von Hagenbach's actions against Swiss merchants prompted closer ties between the Swiss Confederation and the Duke of Austria, who leased the lands, arguing that the tax increase violated the lease agreement.

Sigismund of Habsburg sought the return of his lands, but Charles of Burgundy refused. Simultaneously, some cities in the region rebelled against Peter Von Hagenbach. An anti-Burgundy league formed, including the Swiss, the Duke of Austria, and rebellious cities in Alsace, part of a larger war lasting several years—Burgundian Wars.

The league defeated Peter Von Hagenbach's soldiers, who took refuge in the city of Brisach. The city did not want him there, so he repeated his customary actions: massacring part of the inhabitants. His behavior was so tyrannical that his own soldiers mutinied and handed him over to the enemies.

The Duke of Austria decided to convene a jury of 28 representatives from the major cities forming the league to judge the knight. The trial began at 8 a.m. on May 9, 1474, in Saas. Peter Von Hagenbach's defense argued that the court had no authority, that the accusations of sexual violence were actually consensual encounters, and that his actions were merely obeying the orders of his lord, the Duke of Burgundy. According to the records, one of his representatives said that he recognized no judge or master other than the Duke of Burgundy, from whom he received his commission and orders. He had no right to question the orders he was tasked to execute, and it was his duty to obey.

By 4 p.m. that day, the jury found Peter Von Hagenbach guilty of murder, sexual violence, perjury, and pillaging. He symbolically lost his titles and was sentenced to death. Representatives from seven cities vied for the chance to be the executioner. The criminal asked for forgiveness for his crimes and for other even worse things, and was beheaded with an axe, according to Father Erhard Von Oppenweiler. 6,000 people were reportedly present.

Later, Peter Von Hagenbach's history of cruelty took on legendary proportions, with his mummified head displayed, and stories of his ghost haunting a forest. His widow ordered the construction of a chapel in his honor, demolished in the 16th century to build a fortress. In the 20th century, a play was written about him.

With the consolidation of scientific historical methodology, historians began to address other issues, considering that some of Peter Von Hagenbach's crimes may have been exaggerated to ensure his guilt not only for the crimes he committed but also to serve as a scapegoat to exonerate the Duke of Burgundy.

His trial was resurrected as a precedent during preparations for the trials of Nazi criminals in Nuremberg after World War II. Peter Von Hagenbach's defense that he was merely following orders was not accepted in his time, and in 1946, it became the fourth principle of Nuremberg: that a person cannot justify a crime by claiming they were just following orders; this effectively creates two guilty parties and does not absolve those involved.

Today, the Nuremberg principles are a crucial part of international law against war crimes and crimes against humanity. Peter Von Hagenbach is considered the first war criminal in the modern sense of the term. Remember, this video is a condensed version; unfortunately, many fascinating details had to be omitted. Sources and further suggestions are available in the description and comments of Nerdologia.