Legacy of Nuremberg

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Legacy of Nuremberg
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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.

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Legacy

• International Law
• Human Rights Genocide Conventions
• Code of Medical Ethics
• Models of Bringing Individual Perpetrators to
  Justice
• Deportations to Home Countries for Justice

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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.

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Timeline continued

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

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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

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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.

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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.

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Nuremberg Charges

• The Common Plan or Conspiracy
• Crimes Against Peace
• War Crimes
• Crimes Against Humanity
• Bergen Belsen

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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
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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

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Procedural Innovations

• International Tribunal
• Individuals Tried
• States do not commit crimes individuals do
• No Immunity for Heads of State, etc.

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Substantive Innovations

• Established Crimes Against Humanity as a charge
  mass crimes murder, torture, (rape)
• Established Crime of Genocide

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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

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Defense

• Restrospective Law-making
• Ex post facto law
• Superior Orders

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So

• Nuremberg Trials closed the circle
• International Law prevailed
• Message sent

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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

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Eventually

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

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Finally

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