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
JCS 102310 912 13 43 108 | |
POW prisoner of | |
KelloggBriand Pact 1928 127 128 238 366 | |
SHAEF Supreme Headquarters Allied Expeditionary Force | |
TCP taking a consenting part | |
Draft Code of Offenses Against the Peace and Security of Mankind 1954 378 | |
Federal Republic Basic Law 341 361 | |
Conclusion | |
Charter of the International Military Tribunal | |
Alien Tort Statute 28 U S C 1350 2006 USA 5 376 | |
Ordinance No 7 | |
UNWCC United Nations War Crimes Commission | |
Fuhrer Order 270 325 | |
Law Against Poles and Jews 225 282 286 | |
Crimes Against Humanity | |
Lex Krupp Decree 359 | |
Modes of Participation | |
Commissar Order 2567 259 269 322 324 | |
Conspiracy Enterprise Liability and Criminal Membership | |
Defenses | |
Sentencing | |
Aftermath | |
Convention on the Settlement of Matters Arising out of the War and the Occupation | |
Legacy | |
Index | |
251 | |
USFET United States Forces European Theater | |
237 239 2767 | |
NA Record Group Box Folders | |
German Military Penal Code 259 | |
Hague Regulations 1907 119 120 131 2035 212 225 272 298 310 380 | |
Pfizer Inc 562 F 3d 163 2nd Cir 2002 377 | |
Military Government Ordinance No 11 1767 | |
Other editions - View all
The Nuremberg Military Tribunals and the Origins of International Criminal Law Kevin Jon Heller No preview available - 2011 |
Common terms and phrases
According Acquitted acts aggressive Allies American applied argued argument Atrocities authority believed Board charges Charter Chief civilians claim Command committed concerning conclusion considered Conspiracy Control Convention convicted counsel Count countries courts created crimes against humanity crimes against peace crimes and crimes criminal death decision defendants discussed Division documents Einsatzgruppen enterprise evidence example execution fact Farben Final Flick forces four German given held High Command Hostage Ibid important indictment individual insisted international law invasion involved issue Judge judgments jurisdiction Justice Krupp labor limited Medical membership military Ministries Murder Nazi noted Nuremberg occupied occupied territory Offenses Office Organization participation persons Pohl pointed position POWs preparing prevent principle prisoners prosecution prosecutors question Reich rejected relied Report requirement responsible rules sentences served slave specifically superior Taylor trial tribunal United violated war crimes witnesses