Legacy of Nuremberg

Legacy of NurembergLegacy of Nuremberg

Nuremberg TrialsNuremberg 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.

LegacyLegacy

International LawHuman Rights & Genocide ConventionsCode of Medical EthicsModels of Bringing Individual Perpetrators

to JusticeDeportations to Home Countries for Justice

TimelineTimeline

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 continuedTimeline continued

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

Timeline continuedTimeline 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 continuedTimeline 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 continuedTimeline 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 ChargesNuremberg 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?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 lawCreate moral precedentsCollate historical record

Procedural InnovationsProcedural Innovations

International Tribunal

Individuals TriedStates do not commit crimes; individuals do

No Immunity for Heads of State, etc.

Substantive InnovationsSubstantive Innovations

Established Crimes Against Humanity as a charge: mass crimes – murder, torture, (rape)

Established Crime of Genocide

ShortcomingsShortcomings

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

DefenseDefense

Restrospective Law-making– Ex post facto law

Superior Orders

So …So …

Nuremberg Trials closed the circle …

– International Law prevailed

– Message sent

Legacy: Nuremberg Code of Legacy: Nuremberg Code of Medical EthicsMedical 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 …Eventually …

War Crimes Trials occur– Accountability– Documentation and trials demonstrate

meticulous planning– Essential to truth-telling and reconciliation

Finally …Finally …

Intervention and Trials are beginning to make a difference …

– Eyes are trained on Washington and Europe

– Perpetrators realize the prospect of accountability