РефератыИностранный языкNuNuremburg Trials Essay Research Paper At the

Nuremburg Trials Essay Research Paper At the

Nuremburg Trials Essay, Research Paper


At the end of the Second World War, it was found that the Germans had


committed atrocities against the Jews of Europe in what came to be known as The


Holocaust. The Allies decided to prosecute the Nazi leaders in a trial of crimes against


humanity. In early October 1945, the four prosecuting nations; the United States, Great


Britain, France and Russia, issued an indictment against 24 men and six organizations. The


individual defendants were charged not only with the systematic murder of millions of


people, but also with planning and carrying out the war in Europe.


Twenty-one of the indicted men eventually sat in the dock in the Nuremberg


courtroom. One of those named, labor leader Robert Ley hanged himself before the trial


began. Another, the industrialist Gustav Krupp, was judged too frail to stand trial. Martin


Bormann, who as Adolf Hitler’s private secretary was one of the most powerful Nazi


leaders, was nowhere to be found. He was tried in absentia and sentenced to hang if he


should ever turn up. Bormann apparently died as the Soviets entered Berlin, his remains


were identified there in 1972 and he was declared dead by a German court the following


year. At the conclusion of the trial against the 21 individuals, the International Military


Tribunal spent a month hearing testimony about the organizations.


The four powers divided the prosecution work, giving the United States the


complicated and most difficult job of proving CountOne: the conspiracy charge.


Count One: Conspiracy to Wage Aggressive War


The conspiracy charge was designed to get around the problem of how to deal with crimes


committed before the war. The defendants charged under Count One were accused of


agreeing to commit crimes.


Count Two: Waging Aggressive War, or “Crimes Against Peace”


This evidence was presented by the British prosecutors and was defined in the indictment


as “the planning, preparation, initiation, and waging of wars of aggression, which were


also wars in violation of international treaties, agreements, andassurances.”


This charge created problems for the prosecutors. Although Hitler had


clearly waged an aggressive war, beginning with the invasion of Poland in 1939, Count


Two was based on allegations that the Germans had violated international agreements


such as the Kellogg-Briand Pact of 1928. Countries that had signed that agreement had


renounced war as an instrument of national policy (as opposed, say, to defensive war), but


the pact did not define “aggressive war” and did not spell out the penalties for its violation.


The Soviet Union also had broken the Kellogg-Briand Pact by invading Finland, Poland


and the Baltics, and had schemed with Hitler to sign the Nazi-Soviet Non-Aggression Pact


in 1939 (which secretly divided Poland).


Robert Jackson, the chief U.S. prosecutor, wanted the International Military


Tribunal to create new international law that would outlaw aggressive war. Clearly, the


idea that it is possible to outlaw war is a questionable one.


Count Three: War Crimes


The Russian and French prosecutors presented evidence on atrocities committed in the


East and West. <

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Count Three was intended to deal with acts that violated traditional concepts of


the law of war, such as the use of slave labor; bombing civilian populations; the Reprisal


Order (signed by Field Marshal Wilhelm Keitel, a defendant, this order required that 50


Soviet soldiers be shot for every German killed by partisans); the Commando Order


(issued by Keitel, it ordered that downed Allied airmen be shot rather than taken captive).


International laws of war had developed during the 18th and 19th centuries. The


Hague Conventions of 1899 and 1907 dealt with the conduct of war by outlawing certain


types of weapons (dum-dum bullets, poison gas) and outlining treatment of POWs


and civilians. The Geneva Conventions of 1864 and 1906 dealt with treatment of the sick


and wounded. Naval law developed separately and originally dealt with


problems of piracy, rescue, false flags, etc.


War crimes were defined under the London Charter (the document drafted by the


Allies before the trial began) as “murder, ill treatment or deportation to slave labor or for


any other purpose of civilian population or in occupied territory, murder or ill-treatment of


prisoners-of-war or persons on the seas, killing of hostages, plunder of public or private


property, wanton destruction of cities, towns, or villages or devastation not justified by


military necessity.” The Nazi s were tried based under these principles.


Count Four: Crimes Against Humanity


The Russians and the French again divided responsibility along East-West lines.Count


Four was applied to defendants responsible for the death camps, concentration camps and


killing rampages in the East. Initially, crimes against humanity were understood to be


crimes committed by a government against its own people, and there was some question


as to whether the concept could be applied internationally. Their inclusion in the London


Charter was a novel extension of the concept.


Regarding the actual Germans on trial, they were a representation of the Nazi


regime. The list of the accused was to an extent, somewhat irrelevant. The defendants


represented the major administrative branches of the Third Reich and included prisoners


held by each of the four prosecuting nations. Attention was generally paid to how well


known they were and how much power they had wielded. However, Hans Fritzsche, who


was held by the Russians, had been a relatively minor official in Josef Goebbels’


propaganda ministry but was included, along with Admiral Erich Raeder, to appease the


Russians.


In the end, three of the defendants were acquitted. Eight received long prison


sentences and the rest were sentenced to death. At 10:45 p.m. on October 15, 1946,


Hermann Goering cheated the hangman with a cyanide capsule. Two hours later, the


executions began.


The trial of Goering, Rudolf Hess, Albert Speer and the others was part show trial


and part noble effort to create new international law in the face of crimes that were


horrofic and atrocious to society. Some say it was the trial of the century. In the words of


Norman Birkett, who served as a British alternate judge: it was “the greatest


trial in history.”


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