The Nuremberg Military Tribunals And The Origins Of International Criminal Law

Author : Kevin Jon Heller
Publisher : OUP Oxford
Page : 536 pages
File Size : 51,9 Mb
Release : 2012-10-11
Category : Law
ISBN : 9780191652868

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The Nuremberg Military Tribunals and the Origins of International Criminal Law by Kevin Jon Heller Pdf

This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.

Author : Kim C. Priemel,Alexa Stiller
Publisher : Berghahn Books
Page : 333 pages
File Size : 47,6 Mb
Release : 2012-08-01
Category : History
ISBN : 9780857455321

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Reassessing the Nuremberg Military Tribunals by Kim C. Priemel,Alexa Stiller Pdf

For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial—the International Military Tribunal or IMT. The dominant interpretation—neatly summarized in the ubiquitous formula of “Subsequent Trials”—ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949.

Author : Herbert R. Reginbogin,Christoph Safferling
Publisher : Walter de Gruyter
Page : 320 pages
File Size : 40,7 Mb
Release : 2011-11-30
Category : History
ISBN : 9783110944846

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The Nuremberg Trials: International Criminal Law Since 1945 by Herbert R. Reginbogin,Christoph Safferling Pdf

60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.

Author : Marina Aksenova,Diane Marie Amann,David Cohen,Robert Cribb,David M. Crowe,Donald M. Ferencz,Narrelle Morris,Diane Orentlicher,Kuniko Ozaki,Christoph Safferling,Franziska Seraphim,Gerry Simpson,Kayoko Takeda,Yuma Totani,Beatrice Trefalt,Sandra Wilson
Publisher : Torkel Opsahl Academic EPublisher
Page : 480 pages
File Size : 41,9 Mb
Release : 2020-10-27
Category : Law
ISBN : 9788283481389

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The Tokyo Tribunal: Perspectives on Law, History and Memory by Marina Aksenova,Diane Marie Amann,David Cohen,Robert Cribb,David M. Crowe,Donald M. Ferencz,Narrelle Morris,Diane Orentlicher,Kuniko Ozaki,Christoph Safferling,Franziska Seraphim,Gerry Simpson,Kayoko Takeda,Yuma Totani,Beatrice Trefalt,Sandra Wilson Pdf

The ‘International Military Tribunal for the Far East’ (IMTFE), held in Tokyo from May 1946 to November 1948, was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries, and a mixed Japanese–American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders, and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes, and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions, and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal’s files were subsequently shelved in the archives. While its counterpart in Europe, the ‘International Military Tribunal’ (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has more recently gained international scholarly attention. This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the 70th anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.

Author : Guénaël Mettraux
Publisher : Oxford University Press, USA
Page : 828 pages
File Size : 51,8 Mb
Release : 2008
Category : Law
ISBN : 9780199232338

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Perspectives on the Nuremberg Trial by Guénaël Mettraux Pdf

The trial of major Nazi war criminals in Nuremberg was a landmark event in the development of modern international law, and continues to be highly influential in our understanding of international criminal law and post-conflict justice. This volume offers a unique collection of the most important essays written on the Trial, discussing the key legal, political and philosophical questions raised by the Trial both at the time and in historical perspective. The collection focuses on pieces from those involved in the Tribunal, discussing the establishment of the Tribunal, the Trial itself, and the debate that followed the Judgment. Also included are representative essays of the academic debate that has surrounded Nuremberg in the sixty years since the Trial. Ranging from the contribution of Nuremberg to the substantive development of international criminal law to the philosophical evaluation of legalism in post-conflict international relations, the perspectives provided by the essays offer a unique overview of the persistent significance of Nuremberg across a range of academic disciplines. The collection also features newly translated essays from key German, Russian and French writers, available in English for the first time; a new essay by Guénaël Mettraux examining the Nuremberg legacy in contemporary international criminal justice, and an exhaustive bibliography of the literature on Nuremberg.

Author : Kim Christian Priemel,Alexa Stiller
Publisher : Berghahn Books
Page : 335 pages
File Size : 42,9 Mb
Release : 2012
Category : History
ISBN : 9780857455307

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Reassessing the Nuremberg Military Tribunals by Kim Christian Priemel,Alexa Stiller Pdf

For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial-the International Military Tribunal or IMT. The dominant interpretation-neatly summarized in the ubiquitous formula of "Subsequent Trials"-ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949. Kim C. Priemel is Assistant Professor of History at Humboldt University Berlin, Germany. Alexa Stiller is Research Associate at the Department of Modern History and Contemporary History, University of Berne, Switzerland.

Author : Michael P. Scharf,Paul R. Williams
Publisher : Cambridge University Press
Page : 333 pages
File Size : 43,9 Mb
Release : 2010-01-11
Category : History
ISBN : 9780521766807

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Shaping Foreign Policy in Times of Crisis by Michael P. Scharf,Paul R. Williams Pdf

All ten of the living former U.S. State Department legal advisers from the Carter administration to that of George W. Bush examine the role international law played during the major crises on their watch.

Author : Philippe Sands
Publisher : Cambridge University Press
Page : 210 pages
File Size : 53,5 Mb
Release : 2003-03-06
Category : History
ISBN : 0521536766

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From Nuremberg to The Hague by Philippe Sands Pdf

This 2003 collection of essays is based on five lectures organized jointly by Matrix Chambers of human rights lawyers and the Wiener Library between April and June 2002. Presented by leading experts in the field, this fascinating collection of papers examines the evolution of international criminal justice from its post World War II origins at Nuremberg through to the concrete proliferation of courts and tribunals with international criminal law jurisdictions based at The Hague today. Original and provocative, the lectures provide various stimulating perspectives on the subject of international criminal law. Topics include its corporate and historical dimension as well as a discussion of the International Criminal Court Statute and the role of the national courts. The volume offers a challenging insight into the future of international criminal legal system. This is an intelligent and thought-provoking book, accessible to anyone interested in international criminal law, from specialists to non-specialists alike.

Author : Immi Tallgren,Thomas Skouteris
Publisher : Oxford University Press
Page : 288 pages
File Size : 41,9 Mb
Release : 2019-03-21
Category : Law
ISBN : 9780192565143

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The New Histories of International Criminal Law by Immi Tallgren,Thomas Skouteris Pdf

The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.

Author : Kevin Heller,Gerry Simpson
Publisher : Oxford University Press, USA
Page : 494 pages
File Size : 52,8 Mb
Release : 2013-10
Category : Law
ISBN : 9780199671144

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The Hidden Histories of War Crimes Trials by Kevin Heller,Gerry Simpson Pdf

Several war crimes trials are well-known to scholars, but others have received far less attention. This book assesses a number of these little-studied trials to recognise institutional innovations, clarify doctrinal debates, and identify their general relevance to the development of international criminal law.

Author : David A. Blumenthal,Timothy L. H. McCormack
Publisher : Martinus Nijhoff Publishers
Page : 365 pages
File Size : 55,9 Mb
Release : 2008
Category : Law
ISBN : 9789004156913

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The Legacy of Nuremberg by David A. Blumenthal,Timothy L. H. McCormack Pdf

In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia's post-World War Two war crimes trials of Japanese defendants, Australia's extensive national case law on Article 1(F) of the Refugee Convention and Australia's national implementing legislation for the Rome Statute.

Author : Morten Bergsmo,CHEAH Wui Ling,SONG Tianying,YI Ping
Publisher : Torkel Opsahl Academic EPublisher
Page : 845 pages
File Size : 42,7 Mb
Release : 2015-11-19
Category : Law
ISBN : 9788283480146

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Historical Origins of International Criminal Law by Morten Bergsmo,CHEAH Wui Ling,SONG Tianying,YI Ping Pdf

Author : Elizabeth Borgwardt
Publisher : Harvard University Press
Page : 486 pages
File Size : 54,9 Mb
Release : 2007-09-30
Category : History
ISBN : 9780674281929

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A New Deal for the World by Elizabeth Borgwardt Pdf

In a work of sweeping scope and luminous detail, Elizabeth Borgwardt describes how a cadre of World War II American planners inaugurated the ideas and institutions that underlie our modern international human rights regime. Borgwardt finds the key in the 1941 Atlantic Charter and its Anglo-American vision of “war and peace aims.” In attempting to globalize what U.S. planners heralded as domestic New Deal ideas about security, the ideology of the Atlantic Charter—buttressed by FDR’s “Four Freedoms” and the legacies of World War I—redefined human rights and America’s vision for the world. Three sets of international negotiations brought the Atlantic Charter blueprint to life—Bretton Woods, the United Nations, and the Nuremberg trials. These new institutions set up mechanisms to stabilize the international economy, promote collective security, and implement new thinking about international justice. The design of these institutions served as a concrete articulation of U.S. national interests, even as they emphasized the importance of working with allies to achieve common goals. The American architects of these charters were attempting to redefine the idea of security in the international sphere. To varying degrees, these institutions and the debates surrounding them set the foundations for the world we know today. By analyzing the interaction of ideas, individuals, and institutions that transformed American foreign policy—and Americans’ view of themselves—Borgwardt illuminates the broader history of modern human rights, trade and the global economy, collective security, and international law. This book captures a lost vision of the American role in the world.

Author : Giovanni Chiarini
Publisher : Taylor & Francis
Page : 237 pages
File Size : 40,9 Mb
Release : 2024-07-23
Category : Law
ISBN : 9781040094259

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The Evolution of International Criminal Procedure by Giovanni Chiarini Pdf

This book examines the evolution of international criminal procedure from the 1945–1946 Nuremberg and Tokyo trials to the present period. It is largely based on a normative-jurisprudential approach to the procedural rules, comparing both norms and case law of the relevant courts and tribunals. The book shows the possibility of classifying “international criminal procedure” as an autonomous concept and field of study, which is constantly evolving due to the interaction of different legal cultures that characterizes this subject matter and is derived from the varied procedures as established in both statutory law and jurisprudence. Far from being an autonomous entity, international criminal procedure now represents a great compromise between the legal traditions of different ICC member States. What emerges is the historical evolution of an international criminal procedure with a unique identity, a very real “third way” between the traditional dichotomy of common law and civil law, between the Anglo-Saxon and the European Roman Law-oriented legal traditions. The book will be of interest to academics, scholars, and researchers working in the areas of international criminal law, comparative law, criminal procedure, and legal history, as well as judges and international legal professionals.

Author : International Military Tribunal
Publisher : DigiCat
Page : 770 pages
File Size : 50,6 Mb
Release : 2023-11-14
Category : Law
ISBN : EAN:8596547721758

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The Nuremberg Trials: Complete Tribunal Proceedings (V. 8) by International Military Tribunal Pdf

The Nuremberg trials were a series of military tribunals held after World War II by the Allied forces under international law and the laws of war. The trials were most notable for the prosecution of prominent members of the political, military, judicial, and economic leadership of Nazi Germany, who planned, carried out, or otherwise participated in the Holocaust and other war crimes. The trials were held in Nuremberg, Germany. This volume contains trial proceedings from 20 February 1946 to7 March 1946.