Nuremberg Trial
Introduction
The Nuremberg Trials marked the end of the regime responsible for the Holocaust and the first time in history that the International Court sentenced people to imprisonment and death. The Second World War was initiated with the invasion of Poland by Germany. Eventually the latter attacked more than a dozen of countries throughout the continent. By 1943 the tide of war changed as the Soviet Union began to push back at Leningrad, Moscow and Stalingrad while the Britain had defeated German air raids and drove the Axis Powers out of Africa.
[Image Sources : Shutterstock]
Major Allied Leaders met to discuss about the aftermath of World War II. As the war progressed it became clear that Germany had committed massive atrocities including night raids, deportations and genocide. In everybody’s mind there was only one question: How do you punish such evil acts?
The answer to this question was justice through prosecution. The London Charter of International Military Tribunal was formed by uniting the system of four different jurisdictions- France, USSR, United States and United Kingdom. Under British and American law, there were prosecutors and defense attorneys. Decisions and sentences were handed down by a panel of judges based on French and Soviet law. Four types of crimes were determined for which people could be punished. [i]
There were trials like the Doctor’s Trial, the Judge’s Trial, but the Nuremberg Trials were only for the worst criminals who had created a system of oppression and extermination in Germany and its occupied territories.
It took the judges two days to give the judgment of the 24 men.
ANALYSIS
The Nuremberg Trial brought numerous changes, led to the establishment of International Criminal Justice Administration. Nations could no longer be immune from their actions and disregard their responsibilities under International Law. [ii]
Before the trial only the nations could be charged against the violations of International Law and not individuals. Under the London Charter established in due course of time individuals could also be liable for their actions. Rights of victims to seek justice in an International Court were recognized by the trial. [iii]
The trial was based on fairness and due process. The defendants were represented by lawyers and none of them were denied to be represented by lawyers on their behalf.
Three defendants were acquitted because there was no evidence to support their involvement in the crime. The trial occurred before a panel of judges rather than jury. The lawyers in position of the trial had a huge responsibility as the judgment was based on fairness, checks and balances and through international law framework.
Nuremberg Trial demonstrated how the contribution of lawyers can help in the establishment of peace. To the world it brought that when individuals violate any international norms they are bound to be punished for their crimes.
Humanity will be guarded by a legally recognized international shield and even the head of a state can be criminally held liable for acts which go against humanity. [iv]
Nuremberg Tribunal is one of the predecessors of International Criminal Court (ICC) created after World War II. It laid grounds for the framework of present international criminal law. This tribunal is one of the first of its kind in which violators of international law were punished. The principles of international law laid in the Nuremberg Judgment have been affirmed in resolution 96 (1) of UN General Assembly.
This resolution was incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This convention criminalized genocide and related activities in the international arena. [v]The convention is influenced by a number of principles established by the Nuremberg Tribunal. According to the resolution “genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world”[vi]
The Nuremberg Trials also distinguished in the field of international law between the doctrines of jus in bello (concerning acts in war) and jus ad bellum (concerning the legality of war).[vii] With the introduction of new principles of “Crimes against Peace” and “Crimes against Humanity” , Nuremberg has effectively strengthen rights of all those who suffer the consequences of violence. This also created an impact on the Universal Declaration. Academicians have stated that the UN Charter itself is a product of Nuremberg and the issues rose during the trial.[viii]
In 1948 Universal Declaration on Human Rights (UDHR) came into being. This was the first legal document dealing exquisitely with the concept of human rights. It has been said that this legal document has largely taken its inferences from Nuremberg trial and to a certain extent from Tokyo Trial. [ix]
Conclusion
Nuremberg Trial has changed the system of penal law as the countries have to include acts prohibited under International Law apart from their respective domestic laws. Due to this reason the prosecution of Nazi war criminals was possible.
This was criticized by some learned people because according to them the International Law does not provide any specific kind of penalty to such crimes. To counter such criticisms the ICC statute provides a mechanism in which crimes and their penalties are written and will be applicable to further cases.
In general criminal law the legal principle Nulla poena sine lege is applied. It has been enshrined in various constitutions and international instruments. According to this principle one cannot be punished for doing any act which is not prohibited by law. In context to international law this principle allows ex post facto in application for the law. [x]
International Criminal Law has undergone a huge transformation over a decade. One such transformation is the establishment of International Criminal Court (ICC) in 2002. Numerous states have recognized ICC as a lawful body and have enacted various principles of ICC in their defense mechanism. One of the sources of International Law, The Rome Statute has taken inspiration from Nuremberg Trial in framing its rules and regulations. [xi]
The Nuremberg Trial is a successful legal precedent created to condemn War Crimes, Crimes against Humanity. It promised that such crimes would be condemned in future and no person or country would be above law. After many years of it can be rightly said that the promise is surely getting fulfilled.
Author: Abhyuday, A student at KIIT School of Law, Bhubaneswar, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.
References
[i] https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.2_Charter%20of%20IMT%201945.pdf (Accessed on 30th August , 2022)
[ii] https://www.ushmm.org/genocide-prevention/simon-skjodt-center/work/ferencz-international-justice-initiative/transitional-justice/international-criminal-justice-since-nuremberg (Accessed on 1st September , 2022)
[iii] ibid
[iv] https://www.insidejustice.com/intl/2009/01/28/nuremberg_birth_of_international_law/ (Accessed on 3rd September , 2022)
[v] https://www.roberthjackson.org/speech-and-writing/the-influence-of-the-nuremberg-trial-on-international-criminal-law (Accessed on 4th September , 2022
[vi] ibid
[vii] https://academic.oup.com/ejil/article/17/5/921/2756298#:~:text=Jus%20ad%20bellum%20is%20traditionally,relation%20to%20each%20other%20and (Accessed on 5th September , 2022)
[viii] Supra note 5
[ix] https://www.deutschland.de/en/topic/politics/why-nuremberg-is-the-city-of-human-rights (Accessed on 5th September , 2022)
[x] https://en.wikipedia.org/wiki/Nulla_poena_sine_lege (Accessed on 6th September , 2022)
[xi] https://www.icc-cpi.int/NR/rdonlyres/ED2F5177-9F9B-4D66-9386-5C5BF45D052C/146323/PK_20060930_English.pdf (Accessed on 6th September , 2022)
