By Kira Knobloch, Staff Writer
Picture courtesy of unsplash.com
On October 1st, 1946, 77 years ago, the Nuremberg trials ended after nearly one year of proceedings. [1] For the trials, the allied powers of the United States, Great Britain, France, and the Soviet Union formed an International Military Tribunal (“IMT”) after World War II ended.[2] Subject to the trial were 24 of the leaders from Nazi Germany who had been captured alive.[3] They stood trial for crimes against peace, war crimes, crimes against humanity, and conspiracy to commit any of these crimes. [4] The IMT is often considered “the true beginning of international criminal law” and ultimately influenced and shaped modern international criminal law. [5]
According to the Legal Information Institute of Cornell University, “International criminal law is the field of international law that regulates the behavior of states […] operating across boundaries in committing international crimes. International law is practiced by and prosecuted within international tribunals […].” [6] Before and during a large portion of the twentieth century, international criminal laws did not prosecute actors for committing international crimes.[7] The Hague Conferences of 1899 and 1907 tried to regulate international criminal law, but these efforts were repressed by notions of the individual states. [8]
The IMT´s legacy is manifested in the “Nuremberg principles” which influenced many establishments with different safeguards to guarantee that crimes like the ones committed during World War II would never happen again and hold responsible people liable if they committed such atrocities. [9] Going forward, nations adhered to an International Criminal Law.[10]
The United Nations Genocide Convention (1948) (“the Convention”) and Universal Declaration of Human Rights (1948) (“UNHR”) were formed after the Nuremberg Trials. [11] The Convention “is an international law instrument that codifies genocide as a crime under international law.”[12] The convention was the first human rights treaty ever adopted by the General Assembly of the United Nations. [13] The Convention binds State parties to prevent and punish acts that may fall under the statute and its definition of genocide, regardless of whether the actors are “constitutionally responsible rulers, public officials or private individuals” (Article IV). [14] Before the Convention was established, there were no equivalent rules in place and no widely acknowledged definition of what actions are considered genocide. [15] Today, 153 States have ratified or accepted the Convention, thus accepting the same definition of genocide. [16]
Additionally, the UNHR was established in the same year as the United Nations Genocide Convention[17] and was proclaimed by the United Nations General Assembly in Paris in 1948. From there on, it set an international standard for all peoples and all nations regarding human rights.[18] Human rights are now defined as “rights inherent to all human beings, regardless of sex, nationality, ethnicity, language, religion, or any other status.”[19] They include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, as well as the right to work and education, and many more.[20]
The UNHR document determined human rights to be universally protected and has been translated into over 500 languages.[21] Although the document is not legally binding, it has inspired many legally binding and enforceable international and regional treaties.[22] For example, the document inspired the creation of the “International Convention on the Elimination of All Forms of Racial Discrimination” (CERD)[23] and the “American Convention on Human Rights” (ACHR)[24].
Furthermore, the Nuremberg Trials influenced the creation of the Geneva Convention (1949).[25] Germany had previously signed the revised version of the Geneva Convention in 1929, which did not stop them from committing the Holocaust and other atrocities against civilians in World War II.[26] After the Nuremberg Trials, the Geneva Conventions were expanded in 1949 to protect non-combat civilians.[27] Furthermore, the convention expanded the protection of male and female prisoners of war.[28] The new articles contained provisions regarding torture, mistreatment, and discrimination, corresponding with families of prisoners of war. [29]
The Nuremberg Trials also introduced the concepts of “Crimes against Peace” and “Crimes against Humanity” and were the first effort to distinguish the doctrines of jus in bello (concerning acts in war) and jus ad bellum (concerning legality of war). [30]
Moreover, the Nuremberg Trials provided a valuable precedent for following international military tribunals like the trials for war crimes committed in the former Yugoslavia (1993) and in Rwanda (1994). [31] Additionally, the establishment of the International Criminal Court (ICC) can at least partly be attributed to the legacy of the Nuremberg trials. [32]
In conclusion, many fundamentals of our current system of international law were introduced because of the Nuremberg Trials. They set important precedents that are still used today. Indeed, many of the direct results of the trials inspired further improvements and legislative additions to shape our modern international criminal law.
[1] https://www.britannica.com/event/Nurnberg-trials
[2] https://www.nationalww2museum.org/war/topics/nuremberg-trials
[3] https://www.ox.ac.uk/news/arts-blog/nuremberg-war-crimes-trials-70-years-complex-legacy
[4] https://www.nationalww2museum.org/war/topics/nuremberg-trials
[5] Sayapin, Sergey (2014). The Crime of Aggression in the international Criminal Law: Historical Development, Comparative Analysis and Present State.
[6] https://www.law.cornell.edu/wex/international_criminal_law
[7] https://www.roberthjackson.org/speech-and-writing/the-influence-of-the-nuremberg-trial-on-international-criminal-law/#:~:text=The%20Nuremberg%20trials%20established%20that,aggression%20and%20Crimes%20Against%20Humanity.
[8] Id.
[9] https://www.ox.ac.uk/news/arts-blog/nuremberg-war-crimes-trials-70-years-complex-legacy
[10] https://www.ipandlegalfilings.com/nuremberg-trial/
[11] https://www.roberthjackson.org/speech-and-writing/the-influence-of-the-nuremberg-trial-on-international-criminal-law/
[12] https://ask.un.org/faq/:~:text=2022%20Views:%207422-,The%20Convention%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime,are%20party%20to%20the%20convention.
[13] https://www.un.org/en/genocideprevention/genocide-convention.shtml
[14] https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime%20of%20Genocide.pdf
[15] https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime%20of%20Genocide.pdf
[16] Id.
[17] https://www.un.org/en/global-issues/human-rights#:~:text=Human%20rights%20are%20rights%20inherent,and%20education%2C%20and%20many%20more.
[18] Id.
[19] Id.
[20] Id.
[21] https://www.un.org/en/about-us/universal-declaration-of-human-rights
[22] https://www.un.org/en/about-us/udhr/foundation-of-international-human-rights-law#:~:text=Indeed%2C%20the%20UDHR%20has%20inspired,promotion%20and%20protection%20of%20human
[23] https://legal.un.org/avl/ha/cerd/cerd.html
[24] https://humanrightscommitments.ca/wp-content/uploads/2015/11/American-Convention-on-Human-Rights.pdf
[25] https://www.history.com/topics/world-war-ii/nuremberg-trials#section_4
[26] Id.
[27] Id.
[28] Id.
[29] Id.
[30] https://www.ipandlegalfilings.com/nuremberg-trial/
[31] https://www.history.com/topics/world-war-ii/nuremberg-trials#section_4
[32] https://www.ox.ac.uk/news/arts-blog/nuremberg-war-crimes-trials-70-years-complex-legacy
Picture courtesy of unsplash.com
The Nuremberg Trials and How They Influenced
International Criminal Law
By Kira Knobloch, Staff Writer
On October 1st, 1946, 77 years ago, the Nuremberg trials ended after nearly one year of proceedings. [1] For the trials, the allied powers of the United States, Great Britain, France, and the Soviet Union formed an International Military Tribunal (“IMT”) after World War II ended.[2] Subject to the trial were 24 of the leaders from Nazi Germany who had been captured alive.[3] They stood trial for crimes against peace, war crimes, crimes against humanity, and conspiracy to commit any of these crimes. [4] The IMT is often considered “the true beginning of international criminal law” and ultimately influenced and shaped modern international criminal law. [5]
According to the Legal Information Institute of Cornell University, “International criminal law is the field of international law that regulates the behavior of states […] operating across boundaries in committing international crimes. International law is practiced by and prosecuted within international tribunals […].” [6] Before and during a large portion of the twentieth century, international criminal laws did not prosecute actors for committing international crimes.[7] The Hague Conferences of 1899 and 1907 tried to regulate international criminal law, but these efforts were repressed by notions of the individual states. [8]
The IMT´s legacy is manifested in the “Nuremberg principles” which influenced many establishments with different safeguards to guarantee that crimes like the ones committed during World War II would never happen again and hold responsible people liable if they committed such atrocities. [9] Going forward, nations adhered to an International Criminal Law.[10]
The United Nations Genocide Convention (1948) (“the Convention”) and Universal Declaration of Human Rights (1948) (“UNHR”) were formed after the Nuremberg Trials. [11] The Convention “is an international law instrument that codifies genocide as a crime under international law.”[12] The convention was the first human rights treaty ever adopted by the General Assembly of the United Nations. [13] The Convention binds State parties to prevent and punish acts that may fall under the statute and its definition of genocide, regardless of whether the actors are “constitutionally responsible rulers, public officials or private individuals” (Article IV). [14] Before the Convention was established, there were no equivalent rules in place and no widely acknowledged definition of what actions are considered genocide. [15] Today, 153 States have ratified or accepted the Convention, thus accepting the same definition of genocide. [16]
Additionally, the UNHR was established in the same year as the United Nations Genocide Convention[17] and was proclaimed by the United Nations General Assembly in Paris in 1948. From there on, it set an international standard for all peoples and all nations regarding human rights.[18] Human rights are now defined as “rights inherent to all human beings, regardless of sex, nationality, ethnicity, language, religion, or any other status.”[19] They include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, as well as the right to work and education, and many more.[20]
The UNHR document determined human rights to be universally protected and has been translated into over 500 languages.[21] Although the document is not legally binding, it has inspired many legally binding and enforceable international and regional treaties.[22] For example, the document inspired the creation of the “International Convention on the Elimination of All Forms of Racial Discrimination” (CERD)[23] and the “American Convention on Human Rights” (ACHR)[24].
Furthermore, the Nuremberg Trials influenced the creation of the Geneva Convention (1949).[25] Germany had previously signed the revised version of the Geneva Convention in 1929, which did not stop them from committing the Holocaust and other atrocities against civilians in World War II.[26] After the Nuremberg Trials, the Geneva Conventions were expanded in 1949 to protect non-combat civilians.[27] Furthermore, the convention expanded the protection of male and female prisoners of war.[28] The new articles contained provisions regarding torture, mistreatment, and discrimination, corresponding with families of prisoners of war. [29]
The Nuremberg Trials also introduced the concepts of “Crimes against Peace” and “Crimes against Humanity” and were the first effort to distinguish the doctrines of jus in bello (concerning acts in war) and jus ad bellum (concerning legality of war). [30]
Moreover, the Nuremberg Trials provided a valuable precedent for following international military tribunals like the trials for war crimes committed in the former Yugoslavia (1993) and in Rwanda (1994). [31] Additionally, the establishment of the International Criminal Court (ICC) can at least partly be attributed to the legacy of the Nuremberg trials. [32]
In conclusion, many fundamentals of our current system of international law were introduced because of the Nuremberg Trials. They set important precedents that are still used today. Indeed, many of the direct results of the trials inspired further improvements and legislative additions to shape our modern international criminal law.
[1] https://www.britannica.com/event/Nurnberg-trials
[2] https://www.nationalww2museum.org/war/topics/nuremberg-trials
[3] https://www.ox.ac.uk/news/arts-blog/nuremberg-war-crimes-trials-70-years-complex-legacy
[4] https://www.nationalww2museum.org/war/topics/nuremberg-trials
[5] Sayapin, Sergey (2014). The Crime of Aggression in the international Criminal Law: Historical Development, Comparative Analysis and Present State.
[6] https://www.law.cornell.edu/wex/international_criminal_law
[7] https://www.roberthjackson.org/speech-and-writing/the-influence-of-the-nuremberg-trial-on-international-criminal-law/#:~:text=The%20Nuremberg%20trials%20established%20that,aggression%20and%20Crimes%20Against%20Humanity.
[8] Id.
[9] https://www.ox.ac.uk/news/arts-blog/nuremberg-war-crimes-trials-70-years-complex-legacy
[10] https://www.ipandlegalfilings.com/nuremberg-trial/
[11] https://www.roberthjackson.org/speech-and-writing/the-influence-of-the-nuremberg-trial-on-international-criminal-law/
[12] https://ask.un.org/faq/:~:text=2022%20Views:%207422-,The%20Convention%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime,are%20party%20to%20the%20convention.
[13] https://www.un.org/en/genocideprevention/genocide-convention.shtml
[14] https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime%20of%20Genocide.pdf
[15] https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime%20of%20Genocide.pdf
[16] Id.
[17] https://www.un.org/en/global-issues/human-rights#:~:text=Human%20rights%20are%20rights%20inherent,and%20education%2C%20and%20many%20more.
[18] Id.
[19] Id.
[20] Id.
[21] https://www.un.org/en/about-us/universal-declaration-of-human-rights
[22] https://www.un.org/en/about-us/udhr/foundation-of-international-human-rights-law#:~:text=Indeed%2C%20the%20UDHR%20has%20inspired,promotion%20and%20protection%20of%20human
[23] https://legal.un.org/avl/ha/cerd/cerd.html
[24] https://humanrightscommitments.ca/wp-content/uploads/2015/11/American-Convention-on-Human-Rights.pdf
[25] https://www.history.com/topics/world-war-ii/nuremberg-trials#section_4
[26] Id.
[27] Id.
[28] Id.
[29] Id.
[30] https://www.ipandlegalfilings.com/nuremberg-trial/
[31] https://www.history.com/topics/world-war-ii/nuremberg-trials#section_4
[32] https://www.ox.ac.uk/news/arts-blog/nuremberg-war-crimes-trials-70-years-complex-legacy
