Book Review of "The Nuremberg Military Tribunals and the Origins of International Criminal Law" by Kevin Jon Heller (original) (raw)
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"The Nuremberg Trials constituted a historic moment and a landmark in the development of international criminal law not just because of its primitive character but also its reflections on the creation of modern international criminal law. They gave rise to a new system of international criminal justice which includes national courts, ad hoc tribunals, mixed tribunals and finally the International Criminal Court. All of these institutions are rooted in Nuremberg. This article contends that, with its existence and principles the International Military Tribunal at Nuremberg has a great importance in creation of contemporary international criminal law. Keywords International Criminal Law, International Criminal Justice, The Individual Criminal Responsibility, The Nuremberg Trials , The International Criminal Court, The Rome Statute, Military Tribunals, Ad Hoc Tribunals, The Nuremberg Principles, War Crimes. "
War Criminals and the Jurisdiction of the Nuremberg IMT
STRASAM - Strategical Research Center's digital publication, 2023
In our previous article on the "Evolution of International Criminal Tribunals", we mentioned that the Nazi regime that ruled Germany during the Second World War committed crimes of genocide and violations of humanitarian law. In this article, we will discuss the jurisdiction of the International Military Tribunal established in Nuremberg to try the Nazi authorities after the War. ... The documents are in the archives of the countries that established the court and some documents are not available on the internet. In order to make an evaluation by considering the conditions, possibilities and limitations of the period as a whole, it can be said that national archives, especially in the USA, should be examined by experts on the subject. However, in the light of the available data, there is no doubt that this court is a great step towards the realisation of the ideal of universal human rights. STRASAM link : bit.ly/3rFWxh2
The International Military Tribunal, which took place in Nuremberg, Germany, following World War II, was a significant event in the history of international law. Its primary aim was to prosecute high-ranking Nazi officials for crimes against peace, war crimes, and crimes against humanity. However, the tribunal was heavily criticized at the time and in the years since its conclusion. One major criticism was that the tribunal applied international law retroactively, holding the defendants accountable for crimes that were not illegal at the time they were committed. Another criticism was that the tribunal was biased in favor of the Allied powers and did not include representatives from the Axis powers. Some also criticized the tribunal for focusing solely on the actions of the defeated Axis powers while ignoring similar actions by the Allied powers. Moreover, some critics argued that the tribunal failed to uphold basic principles of fairness, such as the presumption of innocence and the right to a fair trial. The tribunal was also accused of being driven by revenge rather than justice, leading some to label it a show trial. Nevertheless, the International Military Tribunal established critical legal precedents and served as the foundation for future international criminal tribunals. Its legacy remains a subject of debate, with some seeing it as a crucial step in holding leaders accountable for international crimes, while others view it as a flawed and politically motivated exercise in retribution. This essay will evaluate the criticisms of the International Military Tribunals on the prosecution of war crimes after World War II, weigh it against its achievements and the ways in which both have advanced the field of international law, lastly it will explore how the perpetrators of war crimes were brought to justice.
Contributions of Nuremberg Trails in the Development of International Criminal Law
The Nuremberg trial is a milestone in the development of international criminal law. The Nuremberg Trials have had a great impact on international criminal law as a whole. Crime against humanity was given a legal definition. For the first time in history, the pre-eminence of individual rights and their being subject to codified law was established, in an area which previously only recognized the rights of States. Fundamental principles which originated from the Nuremberg Trials include individual responsibility for international crimes, the right of the accused to a fair trial, the historic declaration whereby the position of a Head of State or a high level government official, does not guarantee immunity. For the first time in modern history, the leaders of a defeated country were indicted for committing serious crimes endangering the bases of peaceful coexistence among individual human beings and peoples: crimes against peace, war crimes and crimes against humanity. Finally, respect for human rights principles has now become universal. The Nuremberg Trials proved themselves to be innovating but were highly criticized and notably held to be victor’s justice. The Tribunal did not inscribe in its Charter exactions committed on the side of the Allies. But immediately after the Trials, Nuremberg became the basis for attempts to set up a permanent international court. As a result, the UN International Law Commission put forward the creation of a permanent court amongst its first proposals. The Convention against Genocide adopted in 1948 provided for the fact that this crime can be penalized before an international tribunal. Nuremberg trails laid the basic foundations for the later development of international criminal law. This term paper shows that, with its existence and principles the tribunal at Nuremberg has a great importance in creation of contemporary international criminal law.