The Nuremberg Military Tribunals and the Origins of International Criminal LawThis book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy. |
Contents
Introduction | 1 |
1 From the IMT to the Zonal Trials | 9 |
2 The OCC and the Tribunals | 25 |
3 The Evolution of the Trial Program | 43 |
4 The Trials | 85 |
5 Jurisdiction and Legal Character of the Tribunals | 107 |
6 Evidence | 139 |
7 Procedure | 159 |
13 Defenses | 295 |
14 Sentencing | 313 |
15 Aftermath | 331 |
16 Legacy | 369 |
Conclusion | 399 |
Table of Defendants | 403 |
Charter of the International Military Tribunal | 465 |
Control Council Law No 10 | 473 |
8 Crimes Against Peace | 179 |
9 War Crimes | 203 |
10 Crimes Against Humanity | 231 |
11 Modes of Participation | 251 |
12 Conspiracy Enterprise Liability and Criminal Membership | 275 |
Ordinance No 7 | 477 |
Uniform Rules of Procedure | 483 |
487 | |
493 | |
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The Nuremberg Military Tribunals and the Origins of International Criminal Law Kevin Jon Heller No preview available - 2011 |
Common terms and phrases
Acquitted acts aggressive Allies American applied argument Army authority believed Board Chapter charges Chief Civilians claim Command committed concerning conclusion considered Conspiracy to Commit Control Convention Convicted counsel Count Countries Court Crimes Against Humanity crimes against peace Crimes and Crimes criminal death decision defendants discussed Dismissed Division documents Einsatzgruppen enterprise evidence example execution fact Farben Final Report Flick forces four German held High Command Hostage Ibid important indictment individual international law invasion involved issue Judge Judgment jurisdiction Justice Krupp limited McCloy Medical Membership Memo military Ministries Murder Nazi noted Nuremberg Occupied Territory Office Organization participation persons Plunder Pohl pointed position POWs preparing prevent principle prisoners prosecution Prosecutor question Reich rejected requirement responsible rules sentences served slave labor specifically Taylor trial tribunal United violated War Crimes witnesses XI TWC