Nuremberg Trials

The Nuremberg Trials is the general name for two sets of trials of Nazis involved in World War II and the Holocaust. The trials were held in the German city of Nuremberg from 1945 to 1949 at the Nuremberg Palace of Justice . The first and most famous of these trials was the Trial of the Major War Criminals Before the International Military Tribunal or IMT, which tried twenty-four of the most important captured (or still believed to be alive) leaders of Nazi Germany. It was held from November 20, 1945 to October 1, 1946. The second set of trials of lesser war criminals was conducted under Control Council Law No. 10 at the U.S. Nuremberg Military Tribunals (NMT), including the famous Doctors' Trial. This article primarily deals with the IMT.

The validity of the court

The validity of the court has been questioned by many groups and individuals for a variety of reasons and motives:

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• The defendants were not allowed to appeal or affect the selection of judges. Some people argue that, because the judges were appointed by the victors, the Tribunal was not impartial and could not be regarded as a court in the true sense. A. L. Goodheart, Professor at Oxford, opposed this view, writing:

::"Attractive as this argument may sound in theory, it ignores the fact that it runs counter to the administration of law in every country. If it were true then no spy could be given a legal trial, because his case is always heard by judges representing the enemy country. Yet no one has ever argued that in such cases it was necessary to call on neutral judges. The prisoner has the right to demand that his judges shall be fair, but not that they shall be neutral. As Lord Writ has pointed out, the same principle is applicable to ordinary criminal law because 'a burglar cannot complain that he is being tried by a jury of honest citizens." ("The Legality of the Nuremberg Trials", Juridical Review, April, 1946)

Related Topics:
April - 1946

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• The main Soviet judge, Nikitchenko, had taken part in Stalin's show trials of 1936-1938, something which in later years has damaged the credibility of the trials in some circles.
• The trials were conducted under their own rules of evidence; the indictments were created ex post facto and were not based on any nation's law; the tu quoque defense was removed; and the entire spirit of the assembly was "victor's justice". Article 19 of the Nuremberg International Military Tribunal Charter reads as follows:

::"The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and nontechnical procedure, and shall admit any evidence which it deems to be of probative value. ."

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• There were no trials for war crimes committed by people from Allied countries. These included attacks on German vessels displaying Red Cross flags, such as the Laconia incident, and the mistreatment of prisoners of war. It is usual that the armed forces of a civilised country{{Ref|civilised}} issue their forces with detailed guidance on what is and is not permitted under their military code. These are drafted to include any international treaty obligations and the customary laws of war. For example at the trial of Otto Skorzeny his defence was in part based on the Field Manual published by the War Department, United States Army, on 1 October, 1940, and The American Soldiers' Handbook{{ref|SkorzenyTrial}}. If a member of the armed forces breaks their own military code they can expect to face a court martial. When members of the Allied armed forces broke their military codes they could and were tried, for example the Biscari Massacre trials.