German Legal Research Guide

Inside the Nuremberg Trial is a two volume set that provides the most comprehensive and accessible representation of the trial of the major German war criminals before the International Military Tribunal at Nuremberg, Germany following World War II. The author discusses the evidence, the arguments of counsel for both the Prosecution and the Defense, and the judgment of the International Military Tribunal. He covers each stage of the trial from early preparation to the judgment, and concludes with a summary of the legacy of the trial in recent history. Separate parts of the book deal with the presentation of the American, British, French, and Soviet delegations of the Prosecution, and separate chapters discuss the defense of each of the twenty-two defendants and each of the seven accused organizations. In addition, the author deals with the evidence of the persecution of the Jews before World War II through the evidence of the persecution and murder of Jews, Gypsies and others during the war. Separate chapters focus on the murders by the Einsatzgruppen (Special Task Force Group) and the destruction of the Warsaw ghetto.

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.

Justice Robert H. Jackson, plenipotentiary for planning the Allies trial at the International Military Tribunal, called the trial “one of the most significant tributes ever paid by power to reason.” In Justice Jackson’s opening statement he made it clear that the trial at Nuremberg was to mark a new beginning in human history; that Nuremberg would serve to establish principles that could serve as benchmarks for all human behavior. This revised and extended Edition seeks to address both the short-term effects of the International Military Tribunal and the current impact that the trials have had on international law. The first section of the book contains essays which are written by leading scholars such as Christoph J.M. Safferling, looking at German participation in the Nuremberg Trials, to Winifried R. Garscha’s examination of Austrian War Crimes Trials and the concept of “Violation of Human Dignity.” This section will also include an examination of the influence of Nuremberg on the Tokyo War Crimes Trial. The second section of the book addresses the present-day impact of Nuremberg on international law. This section contains essays on selective justice, human rights litigation, the creation of hybrid tribunals, with new essays addressing sexual and gender-based violence in conflict zones, as well as new work on the Nuremberg Project, located at Harvard University.

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 Guenael Mettraux examining the Nuremberg legacy in contemporary international criminal justice, and an exhaustive bibliography of the literature on Nuremberg.

This book explores the tension between holding perpetrators of genocide, war crimes, and crimes against humanity accountable for their actions while still protecting their right to a fair trial. It addresses criticisms of the Nuremberg Trials as a “victor's justice,” as well as accusations of political motivations clouding prosecutions by the International Criminal Court. In doing so, it explains why international criminal law must adhere to transparent principles of legality and due process to ensure its future as a legitimate and viable legal regime.

For decades the history of the U.S. 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.