Some legalese exchange here, and some questions from the bench seem to tilt the trial towards well, what was foreseeable anyway.

The Right to Resist and Right to Rebellion is a universal human right which has been established as such in the Universal Declaration of Human Rights of 1948. Even with today’s watered down approaches to international law, insurgencies and movements of a population against their governance and/or aggressors/occupying forces are to be considered ‘hands off’ (with some quid pro quos).

Since it’s still 1942, it wouldn’t be until 1945 and the Charter of the United Nations of June 26 that the right to resist would be officially attached to the right to self-determination, and of course 1948 where it would be even more directly stated.

However, since as early as Thomas Aquinas, and a lot later Thomas Hobbs and John Locke, and definitely in the Declaration of Independence of 1776,  the right to resist and to “civil disobedience” was referred to as a vital failsafe for the establishment and maintenance of a sound, fair, and valid social contract- not only a right, therefore, but an obligation.

Furthermore, the right to resist has been secured as a defense of the Constitution as early as Greece’s first revolutionary constitutions (prior to 1830) and officially in all Greek Constitutions since 1844.

That’s what the judge here is referring to.

The arguments put forth by Kalambouras aren’t recorded anywhere to have been said by him- they are my creative license, as they are of the most frequent arguments put forth by collaborators in people’s as well as official courts post-war, and it has been an argument put forth by the Nazis to justify the war crimes committed against the Greek population as well as the various reprisals (see The German Secret Field Police 1941-1944).

Sometimes, in some contexts, those arguments worked post-war despite the flimsy legal grounding or lack thereof. But not today, for this trial.


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