The Nuremberg trials: international law in the making

2003 ◽  
pp. 1-29 ◽  
Author(s):  
Richard Overy
Keyword(s):  
International Law ◽  
Nuremberg Trials

scholarly journals The Nuremberg Trials in International Law.

1961 ◽  
Vol 37 (1) ◽  
pp. 73
Author(s):  
Birkett ◽  
Robert K. Woetzel
Keyword(s):  
International Law ◽  
Nuremberg Trials

A New Architecture of Justice: Dan Kiley’s Design for the Nuremberg Trials

2019 ◽  
Vol 21 (1) ◽  
pp. 104-139
Author(s):  
Mark Somos ◽  
Morgan Gostwyck-Lewis
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Extensive Literature ◽  
Design Decisions ◽  
Secondary Literature ◽  
History Of ◽  
History Of International Law ◽  
Office Of Strategic Services ◽  
Nuremberg Trials

Abstract Courtroom 600 in the Nuremberg Palace of Justice is one of the most iconic sites in the history of international criminal law. Yet the extensive literature on Courtroom 600 neglects the original 1945 drawings by the architect Dan Kiley, now in the archives of the Harvard Design School. This article revises our understanding of Courtroom 600 in light of these drawings. Among other findings it argues that Kiley, rather than Jackson or the Office of Strategic Services, was the main source of design decisions; that the secondary literature overemphasises film at the expense of architecture; and that the design of both Courtroom 600 and the entire reconstruction of the Palace of Justice offer valuable insights into this key moment in the history of international law.

scholarly journals The Development of Individual Criminal Responsibility Under International Law: Lessons from Nuremberg and Tokyo War Crimes Trials

2020 ◽  
Vol 25 (39) ◽  
pp. 69-97
Author(s):  
William Edward Adjei
Keyword(s):  
International Law ◽  
Criminal Responsibility ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
New Era ◽  
International Crimes ◽  
Abstract Entities ◽  
War Crimes Trials ◽  
Nuremberg Trials

AbstractOne of the most significant developments in international law was the establishment of Special Tribunals that could bring to justice individuals allegedly responsible for “grave breaches” and violations of the law against humanity. This is, undoubtedly, a recent global development that has challenged the issues of impunity and sovereignty. Since the Nazis’ atrocities and the Nuremberg trials, war crimes law has broadened its scope and has recognized a number of offenses considered as “international crimes” and which have also come to be described as “genocide”. However, although intended to put an end to the politics of impunity for the perpetrators of these crimes, a number of signatory states are reluctant to bring to justice those responsible for these defined international crimes. Indeed, the jurisprudence developed in these Special Tribunals provided an impetus for the development of the Rome Statute for the International Criminal Court (ICC). More specifically, it has been argued that war crimes and crimes against humanity are committed by men, not by abstract entities, and only by punishing individuals who commit such heinous crimes can the provisions of international law be enforced and realized. However, a perfectly reasonable case can be made that the creation of these tribunals does represent a new era in international law.

Legalism and Its Paradoxes in Judith Shklar’s Work

2018 ◽  
pp. 125-144
Author(s):  
Seyla Benhabib
Keyword(s):  
International Law ◽  
Final Part ◽  
Law And Politics ◽  
The Law ◽  
Nuremberg Trials ◽  
Relationship Of

This chapter begins by analyzing Judith Shklar's early book, Legalism. An Essay on Law, Morals and Politics, in which she distinguishes among aspects of legalism as ideology, as creative policy, and as an ethos of the law. Shklar was unable to explain how these various dimensions of legalism could be reconciled plausibly with one another. Furthermore, while her critique of criminal international law is being revived today in the name of a certain skepticism toward institutions of international law, this critique needs to be balanced against her full-throated defense of the legitimacy of the Nuremberg trials. The final part of this chapter presents the complicated relationship of law and politics in Hannah Arendt's and Shklar's works.

The Defense of Superior Orders in International Law: Some Implications for the Codification of International Criminal Law

2009 ◽  
Vol 9 (1) ◽  
pp. 117-137
Author(s):  
Hiromi Sato
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Choice Test ◽  
Controversial Issues ◽  
Moral Choice ◽  
Nuremberg Trials ◽  
Rule Making ◽  
International Rule

AbstractThe defense of obedience to superior orders has been one of the most controversial issues in international criminal law. Although the Nuremberg Trials put forth the “Nuremberg Principle” on the superior orders defense, the principle has remained unclear on the so-called moral choice test. Basically, the situation has not been changed throughout the subsequent international rule-making process. International society has apparently rejected automatic immunity by the superior orders defense; however, a consensus has not been achieved on the question of conditional immunity, particularly on the grounds of coercion. In tackling these remaining problems, it would be advisable to examine the legal and theoretical characteristics of each component of the relevant discussion. It would also be desirable to consider some essential difficulties incidental to international rule-making. This article, in conclusion, draws attention to the possibility of certain self-constraint with regard to international law, leaving the issue of the coercion defense to the respective national legal system.

How Often Must We Re-Invent the Wheel? Reflections on the Most Efficient Structure of Prosecution Offices in International Courts and Why It is Not Generally Used

2017 ◽  
Vol 30 (4) ◽  
pp. 987-1002
Author(s):  
RUTH BETTINA BIRN
Keyword(s):  
Best Practices ◽  
International Law ◽  
Structural Models ◽  
International Courts ◽  
Structural Framework ◽  
International Tribunals ◽  
Nuremberg Trials

AbstractAre historians or other country specialists needed in the investigation and prosecution of crimes under international law? Experiences at international tribunals, from the Nuremberg Trials to the present, offer different answers to this question. This article argues that country specialists are indispensable and demonstrates how, time and again, in international or national settings, practical necessities have led to structural models in which lawyers, investigators and country specialists work together. A ‘best practices’ model for interdisciplinary investigations adopted by a group of national and international prosecution units is presented in detail. When creating new international tribunals, the UN did not incorporate this model. What is needed for future tribunals is a structural framework of the Office of the Prosecutor, which includes country specialists.

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