Legacy of Nuremberg

Nuremberg Trials The International Military Tribunal of 1946, convened by the U.S., British, French and Soviets, which convicted the major Nazi leaders who survived World War II AND Twelve cases tried by U.S. military tribunals at Nuremberg from1946-9 of groups of doctors, lawyers, industrialists, Einsatzgruppen and more.

Legacy International Law Human Rights & Genocide Conventions Code of Medical Ethics Models of Bringing Individual Perpetrators to Justice Deportations to Home Countries for Justice Models: International Criminal Court, War Crimes Trials, Truth and Reconciliation Commission

Timeline 2/4-11/45: Yalta agreement signed by Roosevelt, Churchill and Stalin 4/12/45: Truman becomes President 4/12/45: Dachau liberated by U.S. Moscow Declaration: Fascist Leaders and army generals known or suspected to be war criminals shall be arrested and handed over to justice. Yalta Agreement: Roosevelt, Churchill and Stalin agree to prosecute Axis leaders after the Allies achieve victory in Europe. Pledge to bring all war criminals to just punishment.

Timeline continued 5/2/45: Supreme Court Justice Robert Jackson appointed as chief American prosecutor in the Nuremberg War Crimes Trial.

Timeline continued 5/8/45: Germany surrenders unconditionally to Allies. 8/2/45: Potsdam Protocol 8/8/45: London Agreement 10/6/45: 4 powers issue joint statement of indictment

Timeline continued 10/18-19/45: 24 men and 7 organizations are indicted, charged with the systematic murder of millions of people 11/20/45: Nuremberg Trials begin. All defendants plead “not guilty.”

Timeline continued 10/1/46: Verdicts handed down. 10/13/46: All appeals rejected. 10/15/46: Goering commits suicide. 10/16/46: Ten war criminals are hanged. 10/25/46: 12 more trials of 199 officials begin.

Nuremberg Charges The Common Plan or Conspiracy Crimes Against Peace War Crimes Crimes Against Humanity Bergen Belsen Peace: Planning, preparation, initiation or waging a war of aggression, or a war in violation of international treaties, agreements or assurances. War Crimes: Violations of the laws or customs of war – murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, villages or towns, or devastation not justified by military necessity. Humanity: Murder, extermination, enslavement, deportation and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated. Begin to see principles whereby other war crimes, war reparations and reconciliation commissions have operated. No mention of genocide.

The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated. … Justice Jackson from his opening statement

Sir Geoffrey Lawrence, President, Opening Remarks Why Trials? The Trial which is now about to begin is unique in the history of the jurisprudence of the world and it is of supreme importance to millions of people all over the globe. Sir Geoffrey Lawrence, President, Opening Remarks Create precedents in international law Create moral precedents Collate historical record Precedent: Always look to the past to make decisions for the future. Also wanted to send a message to future Hitlers. Plain: We will not descend to their level – a political solution as advocated by Churchill and Stalin. Wanted to have them found guilty through due process. Milosovec and Hussein trials are and will be an example. Collate: Nazi paper trail massive – becomes a record for historians, teachers and future generations. Foresaw era of Hol. Denial – same reason Eisenhower filmed camp liberations. Important lesson for future generations – everything was planned – Wannsee Conference, Mein Kampf, etc. Wanted to send a signal that if people are planning and talking, it will happen. Goring also understood this – wanted to give Nazi perspective. Hence his memoirs in prison and his active defense of the “least bloody revolution in history.” Milosevic is also doing this – has media and technology tools – playing to a hometown crowd, trial is live in Serbia.

Procedural Innovations International Tribunal Individuals Tried States do not commit crimes; individuals do No Immunity for Heads of State, etc. First time an international tribunal convened to prosecute perpetrators in international law. Prior to this: domestic. Until then, international law did not recognize individuals, only countries. This meant that individuals did not have human rights – no inherent dignity and worth by virtue of being human. Human rights until then did not exist. In individual countries, immunities are respected – sovereign and independent. No state can subjugate another state or its reps. to its laws. But an international tribunal has no reciprocity rules.

Substantive Innovations Established Crimes Against Humanity as a charge: mass crimes – murder, torture, (rape) Established Crime of Genocide A new order of magnitude Was not a charge but was being articulated by a man named Raphael Lemkin

Shortcomings First time Ad hoc – for a particular purpose Need a permanent tribunal to be effective, not subject to political whims and current politics ICC 6/98 Not all sides were investigated Victors’ justice E.g. Malmedy Massacre – POW’s shot during the Battle of the Bulge

Defense Restrospective Law-making Ex post facto law Superior Orders Crimes Against Humanity didn’t exist until 1946 Cannot legislate retrospectively – unfair and wrong. A person is entitled to act if it is not illegal – there should be no surprises. However, Tribunal unearthed rationale behind this – Nazis should not be surprised. Looked at internal legal systems and state practices which set precedents for international laws. Without exception, every single state outlawed murder, even Germany, throughout WWII. So defendants could not have been taken by surprise. Superior Orders: Anticipated this defense – SO could not be invoked as an exculaptry defense – the major 22 defendayst GAVE the orders. Tribunal developed spectrum based on moral choice – the greater the choice, the less SO counted. There were gradations, and a spectrum was recognized – sensible way to deal with human behavior.

So … Nuremberg Trials closed the circle … International Law prevailed Message sent International Law prevailed against a regime that held international law in contempt A loud and strong message that there is a higher law above national legal systems that could hold leaders to account AND the people who took their orders

Legacy: Nuremberg Code of Medical Ethics Code of Ethics: Informed Consent mandatory and exercised freely Experiments must avoid physical and mental suffering Experiments must be avoided if death or disabling injury a possibility Doctors’ Trial 1946-7- Ultimate betrayal of trust we place in doctors: murder and torture done in the na,e of medical research and science. Message: No corner of society is immune from prosecution. Focused primarily on High Altitude experiments, Cold Experiments, Sterilization experiments

Eventually … War Crimes Trials occur Accountability Documentation and trials demonstrate meticulous planning Essential to truth-telling and reconciliation

Finally … Intervention and Trials are beginning to make a difference … Eyes are trained on Washington and Europe Perpetrators realize the prospect of accountability