The Nuremberg Military Tribunals and the Origins of International Criminal Law

Paperback | November 15, 2012

byKevin Jon Heller

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This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the developmentof international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their morefamous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the "major war criminals" - the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers - the private citizens and lower-levelfunctionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called "the banality of evil".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 thirdsection, 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 thenexamines 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.

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This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the developmentof international criminal law, particularly...

Kevin Jon Heller is a Senior Lecturer at Melbourne Law School, where he teaches criminal law and international criminal law. He has a JD from Stanford Law School, an MA in literature from Duke University, and an MA and BA in social and political theory from the New School for Social Research, all with honors. His work has appeared in ...
Format:PaperbackDimensions:536 pages, 9.21 × 6.14 × 0.68 inPublished:November 15, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199668167

ISBN - 13:9780199668168

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Table of Contents

Introduction1. The Origins of the Zonal Trials2. The OCC and the Tribunals3. The Evolution of the Trial Program4. The Trials5. Jurisdiction and Legal Character of the Tribunals6. Evidence7. Procedure8. Crimes Against Peace9. War Crimes10. Crimes Against Humanity11. Modes of Participation12. Conspiracy, Enterprise Liability, and Criminal Membership13. Defenses14. Sentencing15. Aftermath16. LegacyConclusionAppendix A: Table of DefendantsAppendix B: Charter of the International Military TribunalAppendix C: Control Council Law No. 10Appendix D: Ordinance No. 7Appendix E: Uniform Rules of Procedure

Editorial Reviews

"Readers of The Nuremberg Military Tribunals are in Heller's debt. He has rescued the NMT trials from the relative obscurity in which they have languished for many years. This book brings the subsequent trials out from the shadows of the IMT and for that we should be grateful...The effort ofsynthesizing tens of thousands of pages of trial transcripts, evidential material, autobiographical accounts and judicial decisions deserves our plaudits." --David Fraser, Oxford Journal of Legal Studies 31/12/2011