parsifal
Colonel
Au contraire! At least for the claim that the Nuremberg IMT had no effect. In itself it was a special international military tribunal set up for a specific purpose. It proved an effective vehicle in the delivery of justice under the circumstances confronting it, but the relms of international politics and the desires to preserve nations sovereign rights are powerful countervailing forces. It would be more than 50 years after the last Nuremberg trials before anything like it would be formed, under the auspices of the UN (Nuremberg was not part of the UN mandate). In the meantime the Nuremberg IMT established some enduring principlas and established precedents about how International justice needs to be configured. The following is a very brief summaryI think that we can all agree (hopefully) that in the light of the horrors of the Second World War, in particular the Holocaust, trial and punishment of the Nazi leadership was necessary. I also think that we can also agree that the Nuremberg trials failed to impact in any way international practice, since no leader has been deterred from engaging in aggressive war or from ordering and committing war crimes and crimes against humanity. The international community had not succeeded to follow-up on the Nuremberg Principles, although there had been countless wars of aggression and innumerable war crimes and crimes against humanity following the Nuremberg Trials. Not only had the Trials failed as a deterrent to aggressive war, they had even failed as a deterrent against the most horrible crimes of torture and genocide.
The Tribunal is celebrated for establishing that (quoted from Heller, Kevin Jon (2011). The Nuremberg Military Tribunals and the Origins of International Criminal Law. Oxford: Oxford University Press. ISBN 978-0-19-923233-8.) "crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced."
Nuremberg and its subsidiary trials served as a direct model for the International Military Tribunal for the Far East which tried Japanese officials for crimes against peace and against humanity. It also served as the model for the Eichmann trial and for present-day courts at The Hague, for trying crimes committed during the Balkan wars of the early 1990s, and at Arusha, for trying the people responsible for the genocide in Rwanda. In the modern format under the ICC ther have been 29 current convictions and 9 ongoing major investigations that I know of.
From Heller again...."The Nuremberg trials had a great influence on the development of international criminal law. The Conclusions of the Nuremberg trials served as models for:
The Genocide Convention, 1948.
The Universal Declaration of Human Rights, 1948.
The Nuremberg Principles, 1950.
The on the Abolition of the Statute of Limitations on War Crimes and Crimes against Humanity, at the similarly named convention in 1968.
The Geneva Convention on the Laws and Customs of War, 1949; its supplementary protocols, 1977.
The International Law Commission, acting on the request of the United Nations General Assembly, produced in 1950 the report Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgement of the Tribunal (Yearbook of the International Law Commission, 1950, vol. II]). This enshrines the Nuremberg Principles as the basis of the UNs efforts to apply Internationals controls on war crimes and the conduct of war.
The influence of the tribunal can also be seen in the formation of the permanent international criminal court, and the drafting of international criminal codes, later prepared by the International Law Commission.
The tribunals were wound up with much unfinished business, which I think is to our great shame, but I do think the stability and harmony of Germany, and the way that most European disputes are resolved these days,, owes in part, a great debt to the conduct of those trials. When in 1990 (ish) the cold war came to an end, there werent massive disputes abput the old borders with Poland, though of course there are always exceptions
.IMHO Grand Admiral Dönitz should not have been convicted on the evidence, nor Julius Streicher, whose main crime was that of being repulsive
Dont know too much about the latter, but Donitz had four indictments to face, of which the most famous being that he prosecuted unrestricted warfare in contravention to the international convertions of the sea. He was convicted of this crime, appropriately,. but the IMT imposed no penalty in relation to this charge, after the testimony of Nimitz (legal opinion is that the "Nimitz defence" was based on a false premise. basically it is not a valid defence to arguer "he was doing it why cant I?"). He was however found guilty on the other charges levelled at him, which namely were
Permitting Hitler's Commando Order of 18 October 1942 to remain in full force when he became commander-in-chief of the Navy, and to that extent responsibility for that crime. His defence was that the Order excluded men captured in naval warfare, and that the order had not been acted upon by any men under his command. His defence failed because he knowingly maintained the order, , in modified form orders were issued to the Uboats to deliberately target defenceless survivors in the water and in lifeboats and men were so excuted because of it (according to the Russians) , after taking office as head of state (the latter I dont believe, but the former is well documented)
Knowing that 12,000 involuntary foreign workers were working in the shipyards, and doing nothing to stop it. There should be no debate about this charge.
Advice in 1945 when Hitler asked Dönitz whether the Geneva Convention should be denounced. Hitler's motives were twofold. The first was, reprisals could be taken against Western Allied prisoners of war; second, it would deter German forces from surrendering to the Western Allies (as was happening on the Eastern Front where the Geneva Convention was in abeyance). Instead of arguing the conventions should never be denounced, Dönitz suggested it was not currently expedient to do so, so the court found against him on this issue; but as the Convention was not denounced by Germany, and British prisoners in camps under Dönitz's jurisdiction were treated strictly according to the Convention, the Court considered these mitigating circumstances. Still a breach of the law was found to have occurred. His reduced sentence of 10 years was, in my opinion appropriate to the crimes he had committed.
Last edited: