Nuremberg: Procedural due process at the International Military Tribunal

Procedural Due Process ◽

Military Tribunal ◽

War Criminals ◽

History Of ◽

Due Process Rights ◽

<p>For over sixty years, lawyers and historians have discussed the credibility and repercussions of the Nuremberg Trial (1945–1946). This paper argues that the defendants’ procedural due process rights were partially protected at Nuremberg, although there were gross breaches of particular fundamental due process rights. The Nuremberg Trial at the International Military Tribunal was conducted by the four Allied Powers to try the upper echelon Nazi war criminals following the Second World War. The London Charter, drafted by the Allies, outlined the trial procedure to be adopted, and provided certain guarantees in attempt to secure a fair trial for the twenty-two defendants. This paper examines the history of fundamental due process rights (recognised in both continental Europe and common law jurisdictions) and analyses the extent to which these rights were breached at Nuremberg. This paper further argues that despite the defendants being afforded more rights than they could have expected given the circumstances, such breaches significantly compromised the integrity of the trial.</p>

The Nuremberg Trial: Procedural Due Process at the International Military Tribunal

Victoria University of Wellington Law Review ◽

10.26686/vuwlr.v45i1.4966 ◽

2014 ◽

Vol 45 (1) ◽

pp. 109 ◽

Cited By ~ 2

Author(s):

Tessa McKeown

Keyword(s):

Due Process ◽

Second World War ◽

Upper Echelon ◽

Procedural Due Process ◽

Military Tribunal ◽

War Criminals ◽

History Of ◽

Due Process Rights ◽

For over 60 years, lawyers and historians have discussed the credibility and repercussions of the Nuremberg Trial (1945–1946). The Nuremberg Trial at the International Military Tribunal was conducted by the four Allied Powers to try the upper echelon Nazi war criminals following the Second World War. The London Charter, drafted by the Allies, outlined the trial procedure to be adopted, and provided certain guarantees in an attempt to secure a fair trial for the 22 defendants. This article examines the history of fundamental due process rights (recognised in both Continental Europe and Common Law jurisdictions) and analyses the extent to which these rights were breached at Nuremberg. It argues that the defendants' procedural due process rights were partially protected at Nuremberg, although there were gross breaches of particular fundamental due process rights. This article further argues that despite the defendants being afforded more rights than they could have expected given the circumstances, such breaches significantly compromised the integrity of the trial.

Amnesties in the Light of Developments in International Law and the Establishment of the International Criminal Court

International and Comparative Law Quarterly ◽

10.1093/iclq/51.1.91 ◽

2002 ◽

Vol 51 (1) ◽

pp. 91-117 ◽

Cited By ~ 14

Author(s):

Jessica Gavron

Keyword(s):

International Law ◽

Second World War ◽

Criminal Court ◽

World War ◽

Military Tribunal ◽

War Criminals ◽

The First World War ◽

The Impact ◽

Second World ◽

First World

Amnesties presuppose a breach of law and provide immunity or protection from punishment. Historically amnesties were invoked in relation to breaches of the laws of war and were reciprocally implemented by opposing sides in an international armed conflict. The impact of the two world wars in the first half of the twentieth century, however, had considerable implications not only for the use of amnesties, but also for their legality under international law. The scale of the First World War precipitated a new phase of unilateral amnesty for the victors and prosecutions of war criminals for the defeated aggressor states.1 This precedent was followed after the Second World War,2 with the establishment of the first ‘international’3 criminal court, the International Military Tribunal at Nuremberg. However, the horrors perpetrated during the Second World War also prompted the development of a branch of international law aimed at recognising and protecting human rights in an attempt to prevent such atrocities being repeated.

Betraying their Motherland: Soviet Military Tribunals of Izmenniki Rodiny in Kazakhstan and Uzbekistan, 1941–1953

The Soviet and Post-Soviet Review ◽

10.1163/18763324-04101004 ◽

2014 ◽

Vol 41 (1) ◽

pp. 57-83 ◽

Cited By ~ 1

Author(s):

Claire P. Kaiser

Keyword(s):

Soviet Union ◽

War Crimes ◽

Second World War ◽

Crimes Against Humanity ◽

World War ◽

The Soviet Union ◽

Military Tribunal ◽

The immediate aftermath of the Second World War saw a transnational effort to identify and prosecute those individuals who committed war crimes and crimes against humanity in such fora as the International Military Tribunal at Nuremberg. However, parallel national processes were carried out across Europe to punish those citizens who, by a range of definitions, allegedly collaborated with enemy occupiers and committed treason. In the Soviet Union, suspected collaborators were tried as counterrevolutionaries in both the areas where crimes were committed and also those distant from regions of German or Romanian occupation. By examining tribunals in Kazakhstan and Uzbekistan in this article, I argue for the importance of identifying and prosecuting alleged collaborators to the Soviet postwar project – a project which was far from limited to areas in the western parts of the country and which remained intimately linked to prewar, Stalinist understandings of justice and revolution.

The Strange Silence

East European Politics and Societies and Cultures ◽

10.1177/0888325409360212 ◽

2010 ◽

Vol 24 (3) ◽

pp. 408-434 ◽

Cited By ~ 5

Author(s):

Max Bergholz

Keyword(s):

Second World War ◽

Communist Regime ◽

State Archive ◽

World War ◽

Large Numbers ◽

War Criminals ◽

History Of ◽

Interethnic Violence ◽

War Victims ◽

Newly available documentation from the State Archive of Bosnia-Herzegovina indicates that the majority of sites where Muslim civilians were killed during the Second World War remained unmarked as late as the mid-1980s. The existing scholarship, most of which argues that Yugoslavia’s communist regime sought to “de-ethnicize” the remembrance of all of the interethnic violence of the war, has failed to notice and explain this apparent bias against Muslim civilian war victims. This article seeks to answer the question of why so many sites in Bosnia-Herzegovina where Muslim civilians were killed remained unmarked after the war. It does so through the reconstruction and analysis of the wartime and postwar history of Kulen Vakuf, a small town located in northwestern Bosnia. The analysis of the dynamics of mass killing in the region reveals that the communist-led Partisan movement absorbed large numbers of Serbian insurgents who had murdered Muslims earlier in the war. The transformation of the perpetrators of the massacres into Partisans created a postwar context in which the authorities, to avoid implicating insurgents-turned-Partisans as war criminals, and the Muslim survivors, out of fear of retribution and a desire to move on, agreed to stay silent about the killings. The end result was the absence of monuments for the victims.

Správní mechanismy přesunu knižních fondů v letech 1918–1954: odrazový můstek k výzkumu knižní provenience

Acta Musei Nationalis Pragae – Historia litterarum ◽

10.37520/amnpsc.2021.002 ◽

2021 ◽

Vol 66 (1-2) ◽

pp. 4-26

Author(s):

Marcela Sulženko ◽

Luboš Kokeš

Keyword(s):

Second World War ◽

The State ◽

World War ◽

Collective Guilt ◽

Historical Events ◽

State Administration ◽

War Criminals ◽

History Of ◽

The Republic ◽

The history of Czechoslovak private libraries reflected great historical events, specifically in the change of ownership between 1918 and 1945/1954. The biggest change came after the Second World War, when the highest state officials decided to punish war criminals. In general, all Germans were labelled as enemies of the republic and were to bear collective guilt for starting the war. Their punishment included, among other things, the loss of property, which also concerned their libraries. This study focuses on the state administration dealing with such property.

Indirection and the Rhetoric of Tyranny: Carl Schmitt's The Tyranny of Values 1960–1967

Modern Intellectual History ◽

10.1017/s1479244319000398 ◽

2020 ◽

pp. 1-24

Author(s):

Samuel Garrett Zeitlin

Keyword(s):

Second World War ◽

Constitutional Court ◽

World War ◽

Racial Theory ◽

War Criminals ◽

History Of ◽

German Constitutional Court ◽

1960S And 1970S ◽

The 1960S ◽

This article situates Carl Schmitt's The Tyranny of Values (1960/1967/1979) within the context of Schmitt's 1940s and 1950s op-ed campaign for full amnesty for Nazi war criminals as well as the context of the Veit Harlan trials and the 1958 Lüth judgment of the German Constitutional Court. The article further examines the revisions to Schmitt's 1967 version of the text in the light of Karl Löwith's criticisms of Schmitt in an article in the Frankfurter Allgemeine Zeitung from 1964. The article argues that The Tyranny of Values is a work of post-Second World War Nazi apologetics, in which Nazi racial theory can be seen being put to polemical ends in the 1960s and 1970s. The article concludes with broader reflections on the relation of Schmitt's The Tyranny of Values to Nazi discourse in the aftermath of the Second World War and the history of Nazism post-1945.

The Nuremberg trial Against the Major War Criminals and International Law

The American Journal of International Law ◽

10.2307/2193033 ◽

1949 ◽

Vol 43 (2) ◽

pp. 223-245 ◽

Cited By ~ 4

Author(s):

Hans Ehard

Keyword(s):

International Law ◽

Starting Point ◽

Military Tribunal ◽

War Criminals ◽

The World ◽

History Of ◽

People First ◽

German People ◽

Chief Prosecutor

“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.” Thus spoke the President of the International Military Tribunal in Nuremberg, Lord Justice Lawrence, upon the occasion of the institution of the so-called Trial against the Major War Criminals on November 20, 1945. If his statement is correct, then the German people undoubtedly rank in first place among these millions. This also was the opinion of the chief prosecutor which recurred several times in his statements. Thus the French representative, Mr. François de Menthon, exclaimed:This work of justice is equally indispensable for the future of the German people…The initial condemnation of Nazi Germany by your High Tribunal will be a first lesson for these people and will constitute the best starting point … of re-education which must be its great concern during the coming years…Your judgment … can serve as a foundation for the moral uplift of the German people, first stage in its integration into the community of free countries. …

Turning Aliens into Socialists

International Journal for the Study of New Religions ◽

10.1558/ijsnr.v1i1.75 ◽

2010 ◽

Vol 1 (1) ◽

pp. 75-93

Author(s):

Jessica Moberg

Keyword(s):

Outer Space ◽

The United States ◽

Second World War ◽

World War ◽

History Of ◽

Swedish History ◽

Second World ◽

The Universe ◽

Highly Evolved

Immediately after the Second World War Sweden was struck by a wave of sightings of strange flying objects. In some cases these mass sightings resulted in panic, particularly after authorities failed to identify them. Decades later, these phenomena were interpreted by two members of the Swedish UFO movement, Erland Sandqvist and Gösta Rehn, as alien spaceships, or UFOs. Rehn argued that ‘[t]here is nothing so dramatic in the Swedish history of UFOs as this invasion of alien fly-things’ (Rehn 1969: 50). In this article the interpretation of such sightings proposed by these authors, namely that we are visited by extraterrestrials from outer space, is approached from the perspective of myth theory. According to this mythical theme, not only are we are not alone in the universe, but also the history of humankind has been shaped by encounters with more highly-evolved alien beings. In their modern day form, these kinds of ideas about aliens and UFOs originated in the United States. The reasoning of Sandqvist and Rehn exemplifies the localization process that took place as members of the Swedish UFO movement began to produce their own narratives about aliens and UFOs. The question I will address is: in what ways do these stories change in new contexts? Texts produced by the Swedish UFO movement are analyzed as a case study of this process.

ABCs of the Revolution

Observatory of Culture ◽

10.25281/2072-3156-2020-17-3-278-291 ◽

2020 ◽

Vol 17 (3) ◽

pp. 278-291

Author(s):

Egor A. Yesyunin

Keyword(s):

Civil War ◽

Second World War ◽

World War ◽

Special Significance ◽

Development History ◽

The People ◽

Red Army ◽

History Of ◽

Second World ◽

The Revolution

The article is devoted to the satirical agitation ABCs that appeared during the Civil War, which have never previously been identified by researchers as a separate type of agitation art. The ABCs, which used to have the narrow purpose of teaching children to read and write before, became a form of agitation art in the hands of artists and writers. This was facilitated by the fact that ABCs, in contrast to primers, are less loaded with educational material and, accordingly, they have more space for illustrations. The article presents the development history of the agitation ABCs, focusing in detail on four of them: V.V. Mayakovsky’s “Soviet ABC”, D.S. Moor’s “Red Army Soldier’s ABC”, A.I. Strakhov’s “ABC of the Revolution”, and M.M. Cheremnykh’s “Anti-Religious ABC”. There is also briefly considered “Our ABC”: the “TASS Posters” created by various artists during the Second World War. The article highlights the special significance of V.V. Mayakovsky’s first agitation ABC, which later became a reference point for many artists. The authors of the first satirical ABCs of the Civil War period consciously used the traditional form of popular prints, as well as ditties and sayings, in order to create images close to the people. The article focuses on the iconographic connections between the ABCs and posters in the works of D.S. Moor and M.M. Cheremnykh, who transferred their solutions from the posters to the ABCs.