Judgment At Nuremberg
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The Nuremberg Trial
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Retrieved December 18, Library of Congress, Washington, D. Judgement at Nuremberg. London: Cassell, , p. He argues that the love of country led to an attitude of "my country right or wrong. Because they loved their country. The Internet Movie Database. December 24, Los Angeles Times : Calendar, p. The New York Times : Variety : 6. October 18, Harrison's Reports : October 21, The New Yorker. February 15, The Washington Post : D6. The Monthly Film Bulletin. February Archived from the original on 31 March Retrieved 21 February Retrieved 28 April ISBN University of Washington Press.
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Help Learn to edit Community portal Recent changes Upload file. Download as PDF Printable version. Wikimedia Commons Wikiquote. Theatrical release poster. Judgment at Nuremberg Playhouse 90 by Abby Mann [1]. Frederic Knudtson. Ernest Gold. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision. This latter element requires that before the acceptance of an affirmative decision by the experimental subject there should be made known to him the nature, duration, and purpose of the experiment; the method and means by which it is to be conducted; all inconveniences and hazards reasonably to be expected; and the effects upon his health or person which may possibly come from his participation in the experiment.
The duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates, directs, or engages in the experiment. It is a personal duty and responsibility which may not be delegated to another with impunity. The experiment should be such as to yield fruitful results for the good of society, unprocurable by other methods or means of study, and not random and unnecessary in nature. The experiment should be so designed and based on the results of animal experimentation and a knowledge of the natural history of the disease or other problem under study that the anticipated results justify the performance of the experiment.
The experiment should be so conducted as to avoid all unnecessary physical and mental suffering and injury. No experiment should be conducted where there is an a priori reason to believe that death or disabling injury will occur; except, perhaps, in those experiments where the experimental physicians also serve as subjects. The degree of risk to be taken should never exceed that determined by the humanitarian importance of the problem to be solved by the experiment. Although the legal justifications for the trials and their procedural innovations were controversial at the time, the Nuremberg trials are now regarded as a milestone toward the establishment of a permanent international court, and an important precedent for dealing with later instances of genocide and other crimes against humanity.
Shortly after Adolf Hitler came to power as chancellor of Germany in , he and his Nazi government began implementing policies designed to persecute German-Jewish people and other perceived enemies of the Nazi state. Over the next decade, these policies grew increasingly repressive and violent and resulted, by the end of World War II , in the systematic, state-sponsored murder of some 6 million European Jews along with an estimated 4 million to 6 million non-Jews. Joseph Stalin , the Soviet leader, initially proposed the execution of 50, to , German staff officers. British Prime Minister Winston Churchill discussed the possibility of summary execution execution without a trial of high-ranking Nazis, but was persuaded by American leaders that a criminal trial would be more effective.
Among other advantages, criminal proceedings would require documentation of the crimes charged against the defendants and prevent later accusations that the defendants had been condemned without evidence. There were many legal and procedural difficulties to overcome in setting up the Nuremberg trials. First, there was no precedent for an international trial of war criminals. There were earlier instances of prosecution for war crimes, such as the execution of Confederate army officer Henry Wirz for his maltreatment of Union prisoners of war during the American Civil War ; and the courts-martial held by Turkey in to punish those responsible for the Armenian genocide of However, these were trials conducted according to the laws of a single nation rather than, as in the case of the Nuremberg trials, a group of four powers France, Britain, the Soviet Union and the U.
Among other things, the charter defined three categories of crimes: crimes against peace including planning, preparing, starting or waging wars of aggression or wars in violation of international agreements , war crimes including violations of customs or laws of war, including improper treatment of civilians and prisoners of war and crimes against humanity including murder, enslavement or deportation of civilians or persecution on political, religious or racial grounds. It was determined that civilian officials as well as military officers could be accused of war crimes. The city of Nuremberg also known as Nurnberg in the German state of Bavaria was selected as the location for the trials because its Palace of Justice was relatively undamaged by the war and included a large prison area.
The format of the trial was a mix of legal traditions: There were prosecutors and defense attorneys according to British and American law, but the decisions and sentences were imposed by a tribunal panel of judges rather than a single judge and a jury. The chief American prosecutor was Robert H. Jackson , an associate justice of the U. Supreme Court. Each of the four Allied powers supplied two judges—a main judge and an alternate. One of the indicted men was deemed medically unfit to stand trial, while a second man killed himself before the trial began.
Hitler and two of his top associates, Heinrich Himmler and Joseph Goebbels , had each committed suicide in the spring of before they could be brought to trial. The defendants were allowed to choose their own lawyers, and the most common defense strategy was that the crimes defined in the London Charter were examples of ex post facto law; that is, they were laws that criminalized actions committed before the laws were drafted.
As the accused men and judges spoke four different languages, the trial saw the introduction of a technological innovation taken for granted today: instantaneous translation. IBM provided the technology and recruited men and women from international telephone exchanges to provide on-the-spot translations through headphones in English, French, German and Russian.
