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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
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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
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.
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
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
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
Procedural Innovations • International Tribunal • Individuals Tried States do not commit crimes; individuals do • No Immunity for Heads of State, etc.
Substantive Innovations • Established Crimes Against Humanity as a charge: mass crimes – murder, torture, (rape) • Established Crime of Genocide
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
Defense • Restrospective Law-making • Ex post facto law • Superior Orders
So … • Nuremberg Trials closed the circle … • International Law prevailed • Message sent
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
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