Misplaced Pages

#58941

172-732: The ideological roots of the ILC originated as early as the 19th century when the Congress of Vienna in Europe developed several international rules and principles to regulate conduct among its members. Following several attempts to develop and rationalize international law in the early 20th century, the ILC was formed in 1947 by the UNGA pursuant to the Charter of the United Nations , which calls on

344-532: A Greater Germany beyond the frontiers of 1914 ". Contrary to Jackson's argument that the conspiracy began with the founding of the Nazi Party in 1920, the verdict dated the planning of aggression to the 1937 Hossbach Memorandum . The conspiracy charge caused significant dissent on the bench; Donnedieu de Vabres wanted to scrap it. Through a compromise proposed by the British judges, the charge of conspiracy

516-489: A copyright law and freedom of the press. With them came a host of courtiers, secretaries, civil servants and ladies to enjoy the magnificent social life of the Austrian court. The Congress was noted for its lavish entertainment: according to a famous joke of an attendee, it danced a lot but did not move forward. On the other hand, the possibilities for informal gatherings created by this "side program" may have helped ensure

688-567: A Polish-French-British declaration on April 18, 1940, holding Germany responsible for the crimes, without an explicit promise of their prosecution. Such a promise was included in a declaration by the occupied countries in November 1941, gathered at a conference organized on Poland's initiative. Another conference, held in January 1942, saw the participation of observers from the USSR, US, China, and

860-665: A buffer between the German Confederation and France. The immediate background was Napoleonic France's defeat and surrender in May 1814 , which brought an end to 23 years of nearly continuous war. Remarkably, negotiations continued unaffected despite the outbreak of fighting triggered by Napoleon's return from exile and resumption of power in France during the Hundred Days of March to July 1815. The Congress's agreement

1032-457: A century. The name "Congress of Vienna" was not meant to suggest a formal plenary session , but rather the creation of a diplomatic organizational framework bringing together stakeholders of all flocks to enable the expression of opinions, interests and sentiments and facilitate discussion of general issues among them. The Congress format had been developed by Austrian Foreign Minister Klemens von Metternich , assisted by Friedrich von Gentz , and

1204-538: A committee of legal experts to make recommendations to the UN Secretary-General on the ways the General Assembly could encourage the progressive development of international law and its codification. The committee of experts consisted of 17 members and convened from May 12 to June 17, 1947. It recommended to establish a permanent UN commission to promote these objectives. On November 21, 1947,

1376-481: A convention to reduce the problem of statelessness. The 6th session was held in Paris from June 3 to July 28, 1954. At the opening of the session, the chairman of UNESCO expressed greeting to the commission for holding a session at the seat of the organization. The commission formulated a draft convention for the reduction of statelessness and a draft code of crimes against the peace of mankind. The 7th session

1548-468: A crime against humanity—and the Soviet Union wanted to avoid giving an international court jurisdiction over a government's treatment of its own citizens. The charter upended the traditional view of international law by holding individuals, rather than states , responsible for breaches. The other three Allies' proposal to limit the definition of the crimes to acts committed by the defeated Axis

1720-588: A cumbersome process that required much in the way of time and transportation. The format set at the Congress of Vienna would serve as inspiration for the 1856 peace conference brokered by France (the Congress of Paris ) that settled the Crimean War . The Congress of Vienna settlement gave birth to the Concert of Europe , an international political doctrine that emphasized the maintaining of political boundaries,

1892-411: A deadlock between the judges; these acquittals surprised observers. Despite being accused of the same crimes, Sauckel was sentenced to death, while Speer was given a prison sentence because the judges considered that he could reform. Nikichenko released a dissent approved by Moscow that rejected all the acquittals, called for a death sentence for Hess, and convicted all the organizations. Initially, it

SECTION 10

#1732765175059

2064-639: A large portion of the Congress was conducted informally at salons, banquets, and balls. Four great powers had previously formed the core of the Sixth Coalition , a covenant of nations allied in the war against France. On the verge of Napoleon's defeat they had outlined their common position in the Treaty of Chaumont (March 1814), and negotiated the Treaty of Paris (1814) with the Bourbons during their restoration : These parties had not been part of

2236-626: A maximum period of 10 weeks. The 2nd session was held in Geneva from June 5 to July 29, 1950. The chairman of that session was Georges Scelle . The agenda and the final resolutions of the session were as follows: The conduct of the 2nd session was influenced by the East-West rift resulting from the Cold War . Already at the first meeting of that session, the Soviet member Koretsky protested that

2408-735: A model for later organizations such as the League of Nations in 1919 and the United Nations in 1945. Before the opening of the Paris peace conference of 1918, the British Foreign Office commissioned a history of the Congress of Vienna to serve as an example to its own delegates of how to achieve an equally successful peace. Besides, the main decisions of the Congress were made by the Four Great Powers and not all

2580-466: A plan of work regarding the issue in question. Governments are requested to submit to the commission their written opinions on the issue in question, as specified in the plan of work. The rapporteur then writes a report of his or her recommendations on the subject under discussion and the report must be approved by the rest of the commission as well as by the UN Secretary-General before it becomes an official commission document. The commission then reconsiders

2752-562: A show trial prosecutor chosen for his skill as an orator. The Soviet judges and prosecutors were not permitted to make any major decisions without consulting a commission in Moscow led by Soviet politician Andrei Vyshinsky ; the resulting delays hampered the Soviet effort to set the agenda. The influence of the Soviet delegation was also constrained by limited English proficiency, lack of interpreters, and unfamiliarity with diplomacy and international institutions. Requests by Chaim Weizmann ,

2924-587: A significant role in European wars for several hundred years: the Congress intended to put a stop to these activities permanently. During the wars, Portugal had lost its town of Olivenza to Spain and moved to have it restored. Portugal is historically Britain's oldest ally, and with British support succeeded in having the re-incorporation of Olivenza decreed in Article CV of the General Treaty of

3096-401: A special yearbook designated for this purpose, and this in order to make the information available to both public and governments. For the 1st session, proceedings have been published in one volume, but starting from the 2nd session, proceedings have been published in two volumes – the first containing a summary of the deliberations and the second containing documents adopted at that session. At

3268-558: A thousand employees from the four countries' delegations in Nuremberg, of which about two thirds were from the United States. Besides legal professionals, there were many social-science researchers, psychologists, translators, and interpreters, and graphic designers , the last to make the many charts used during the trial. Each state appointed a prosecution team and two judges, one being a deputy without voting rights. Jackson

3440-589: A treaty on 3 January 1815 , among only the three of them, agreeing to go to war against Russia and Prussia, if necessary, to prevent the Russo-Prussian plan from coming to fruition. When the Tsar heard of the treaty he agreed to a compromise that satisfied all parties on 24 October 1815. Russia received most of the Napoleonic Duchy of Warsaw as a "Kingdom of Poland" – called Congress Poland , with

3612-422: A vote. The International Military Tribunal agreed with the prosecution that aggression was the gravest charge against the accused, stating in its judgment that because "war is essentially an evil thing", "to initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of

SECTION 20

#1732765175059

3784-537: A way to try crimes against German citizens, such as the German Jews . A Soviet proposal for a charge of "crimes against civilians" was renamed "crimes against humanity" at Jackson's suggestion after previous uses of the term in the post-World War I Commission of Responsibilities and in failed efforts to prosecute the perpetrators of the Armenian genocide . The British proposal to define crimes against humanity

3956-515: A wide variety of crimes committed by the German occupiers as part of their destructive and unprovoked invasion. Rudenko tried to emphasize common ground with the other Allies while rejecting any similarity between Nazi and Soviet rule. The next week, the Soviet prosecution produced Friedrich Paulus —a German field marshal captured after the Battle of Stalingrad —as a witness and questioned him about

4128-417: Is going to Vienna." Talleyrand skirted additional articles suggested by Labrador: he had no intention of handing over the 12,000 afrancesados – Spanish fugitives, sympathetic to France, who had sworn fealty to Joseph Bonaparte , nor the bulk of the documents, paintings, pieces of fine art, and books that had been looted from the archives, palaces, churches and cathedrals of Spain. The most complex topic at

4300-639: Is responsible for several foundational developments in international law, including the Vienna Convention on the Law of Treaties , which establishes a framework for forming and interpreting treaties, and the International Criminal Court , the first permanent tribunal tasked with adjudicating offenses such as genocide and crimes against humanity. Several attempts were made throughout history to codify international law, in particular

4472-585: The Balkans . Other generals were tried in the High Command Trial for plotting wars of aggression, issuing criminal orders , deporting civilians, using slave labor, and looting in the Soviet Union. These trials emphasized the crimes committed during the Holocaust. The trials heard 1,300 witnesses, entered more than 30,000 documents into evidence, and generated 132,855 pages of transcripts, with

4644-579: The Battle of Waterloo ). Its provisions included: Representatives of Austria, France, Portugal , Prussia, Russia, Sweden-Norway , and Britain signed the Final Act. Spain did not sign, but ratified the outcome in 1817. Subsequently, Ferdinand IV , the Bourbon King of Sicily, regained control of the Kingdom of Naples after Joachim Murat , the king installed by Bonaparte, supported Napoleon in

4816-520: The Chaumont agreement , but had joined the Treaty of Paris (1814) : Virtually every state in Europe had a delegation in Vienna – more than 200 states and princely houses were represented at the Congress. In addition, there were representatives of cities, corporations, religious organizations (for instance, abbeys) and special interest groups – e.g., a delegation representing German publishers, demanding

4988-655: The Duchy of Parma ). The Papal States were restored to the Pope. The Kingdom of Piedmont-Sardinia was restored to its mainland possessions, and also gained control of the Republic of Genoa . In Southern Italy, Napoleon's brother-in-law, Joachim Murat , was originally allowed to retain his Kingdom of Naples , but his support of Napoleon in the Hundred Days led to the restoration of the Bourbon Ferdinand IV to

5160-853: The Foreign Office . Also on trial were industrialists —in the Flick trial , the IG Farben trial , and the Krupp trial —for using forced labor, looting property from Nazi victims, and funding SS atrocities. Members of the SS were tried in the Pohl trial , which focused on members of the SS Main Economic and Administrative Office that oversaw SS economic activity, including the Nazi concentration camps ;

5332-596: The General Governorate of Poland; Hitler Youth leader Baldur von Schirach ; Arthur Seyss-Inquart , Reich Commissioner for the Netherlands ; and Ernst Kaltenbrunner , the leader of Himmler's Reich Main Security Office . Observers of the trial found the defendants mediocre and contemptible. Although the list of defendants was finalized on 29 August, as late as October, Jackson demanded

International Law Commission - Misplaced Pages Continue

5504-431: The Hundred Days and started the 1815 Neapolitan War by attacking Austria. The Congress's principal results, apart from its confirmation of France's loss of the territories annexed between 1795 and 1810, which had already been settled by the Treaty of Paris , were the enlargement of Russia, (which gained most of the Duchy of Warsaw ) and Prussia, which acquired the district of Poznań, Swedish Pomerania, Westphalia and

5676-527: The International Military Tribunal ( IMT ) tried 22 of the most important surviving leaders of Nazi Germany in the political, military, and economic spheres, as well as six German organizations. The purpose of the trial was not just to convict the defendants but also to assemble irrefutable evidence of Nazi crimes, offer a history lesson to the defeated Germans, and delegitimize the traditional German elite. The IMT verdict followed

5848-631: The Katyn massacre , which had in fact been committed by the NKVD . Although Western prosecutors never publicly rejected the Katyn charge for fear of casting doubt on the entire proceedings, they were skeptical. The defense presented evidence of Soviet responsibility, and Katyn was not mentioned in the verdict. Inspired by the films shown by the American prosecution, the Soviet Union commissioned three films for

6020-467: The Kingdom of Saxony , and the western part of the former Duchy of Warsaw . Austria gained much of northern Italy . Russia added the central and eastern parts of the Duchy of Warsaw. All agreed upon ratifying the creation of the new Kingdom of the Netherlands , which had been created just months before from the former Dutch Seven Provinces together with formerly Austrian territory, and was meant to serve as

6192-703: The Ottoman Empire ) and other stakeholders. The Congress was chaired by Austrian statesman Klemens von Metternich , and was held in Vienna from September 1814 to June 1815. The objective of the Congress was to provide a long-term peace plan for Europe by settling critical issues arising from the French Revolutionary Wars and the Napoleonic Wars through negotiation. The goal was not simply to restore old boundaries, but to resize

6364-690: The Palace of Justice in Nuremberg . Located in the American occupation zone , Nuremberg was a symbolic location as the site of Nazi rallies . The Palace of Justice was relatively intact but needed to be renovated for the trial due to bomb damage ; it had an attached prison where the defendants could be held. On 8 August, the Nuremberg Charter was signed in London. In early 1946, there were

6536-690: The People's Republic of China (PRC) was not represented on the commission, claiming it represented the Chinese people and not the Republic of China (ROC), now ruling in Taiwan only. He demanded the Chinese member of the commission be replaced by a member from mainland China. Commission chairman Scelle opposed the Soviet demand, claiming that each member represented his own legal views rather than any government position. The commission accepted Hudson's position by

6708-702: The RuSHA trial of Nazi racial policies ; and the Einsatzgruppen trial , in which members of the mobile killing squads were tried for the murder of more than one million people behind the Eastern Front. Luftwaffe general Erhard Milch was tried for using slave labor and deporting civilians. In the Hostages case , several generals were tried for executing thousands of hostages and prisoners of war, looting, using forced labor, and deporting civilians in

6880-643: The SS and the SD , and the General Staff and High Command of the German military (Wehrmacht). The aim was to have these organizations declared criminal, so that their members could be tried expeditiously for membership in a criminal organization. Senior American officials believed that convicting organizations was a good way of showing that not just the top German leaders were responsible for crimes, without condemning

7052-422: The Soviet Union alone. Proposals for how to punish the defeated Nazi leaders ranged from a show trial (the Soviet Union) to summary executions (the United Kingdom). In mid-1945, France, the Soviet Union, the United Kingdom, and the United States agreed to convene a joint tribunal in Nuremberg , occupied Germany , with the Nuremberg Charter as its legal instrument. Between 20 November 1945 and 1 October 1946,

International Law Commission - Misplaced Pages Continue

7224-488: The Treaty of Paris between France and the Sixth Coalition , and the Treaty of Kiel that covered issues raised regarding Scandinavia . The Treaty of Paris had determined that a "general congress" should be held in Vienna and that invitations would be issued to "all the Powers engaged on either side in the present war". The opening was scheduled for July 1814. The Congress functioned through formal meetings such as working groups and official diplomatic functions; however,

7396-417: The Western Front (France) and the Eastern Front (the Soviet Union). The United States delegation outlined the overall Nazi conspiracy and criminality of Nazi organizations. The British and American delegations decided to work jointly in drafting the charges of conspiracy to wage aggressive war. On 17 September, the various delegations met to discuss the indictment. The charge of conspiracy , absent from

7568-421: The liberation of Nazi concentration camps , shocked both the defendants and the judges, who adjourned the trial. Indiscriminate selection and disorganized presentation of documentary evidence without tying it to specific defendants hampered the American prosecutors' work on the conspiracy to commit crimes against humanity. The Americans summoned Einsatzgruppen commander Otto Ohlendorf , who testified about

7740-407: The perceived singularity of the systematic murder of millions of Jews . The first step towards the trials of Nazi war criminals were initiatives taken by the governments-in-exile of countries occupied by Germany, especially Poland , which as early as December 1939 established agencies aimed at recording crimes committed by Germany in Poland for their later prosecution. These efforts resulted in

7912-456: The summary execution of Nazi leaders, citing the failure of trials after World War I and qualms about retroactive criminality . The form that retribution would take was left unresolved at the Yalta Conference in February 1945. On 2 May, at the San Francisco Conference , United States president Harry S. Truman announced the formation of an international military tribunal. On 8 May, Germany surrendered unconditionally , bringing an end to

8084-432: The systematic murder of Jews in eastern Europe , at times they blurred the fate of Jews with that of other Soviet nationalities. Although these aspects had already been covered by the American prosecution, Soviet prosecutors introduced new evidence from Extraordinary State Commission reports and interrogations of senior enemy officers. Lev Smirnov presented evidence on the Lidice massacre in Czechoslovakia, adding that

8256-402: The 15 commission members by the General Assembly took place on November 3, 1948. The first session of the commission was held in Lake Success, New York , United States, from April 12 to June 9, 1949. The agenda for the session consisted of six items: At the very first meeting, US commission member Manley O. Hudson was elected chairman of the commission for the duration of that session, while

8428-503: The 1930s Moscow trials , in order to demonstrate the Nazi leaders' guilt and build a case for war reparations to rebuild the Soviet economy , which had been devastated by the war. The United States insisted on a trial that would be seen as legitimate as a means of reforming Germany and demonstrating the superiority of the Western system. The United States Department of War was drawing up plans for an international tribunal in late 1944 and early 1945. The British government still preferred

8600-516: The 20th century, however, historians and politicians looking backward came to praise the Congress as well, because they saw it did prevent another widespread European war for nearly 100 years (1815–1914) and a significant step in the transition to a new international order in which peace was largely maintained through diplomatic dialogue. Among these is Henry Kissinger , who in 1954 wrote his doctoral dissertation , A World Restored , on it and Paul Schroeder. Historian and jurist Mark Jarrett argues that

8772-454: The American prosecution submitted many documents at the beginning of the trial, the judges insisted that all of the evidence be read into the record, which slowed the trial. The structure of the charges also caused delays as the same evidence ended up being read out multiple times, when it was relevant to both conspiracy and the other charges. The International Military Tribunal began trial on 20 November 1945, after postponement requests from

SECTION 50

#1732765175059

8944-448: The Assembly to help develop and systematize international law. The Commission held its first session in 1949, with its initial work influenced by the Second World War and subsequent concerns about international crimes such as genocide and acts of aggression. The ILC has since held annual sessions at the U.N. Office at Geneva to discuss and debate various topics in international law and develop international legal principles accordingly. It

9116-445: The British and Americans presented evidence against individual defendants. Besides the organizations mentioned in the indictment, American, and British prosecutors also mentioned the complicity of the German Foreign Office , army , and navy . From 17 January to 7 February 1946, France presented its charges and supporting evidence. In contrast to the other prosecution teams, the French prosecution delved into Germany's development in

9288-426: The British to take concrete steps in the area of prosecuting German crimes. The London-based United Nations War Crimes Commission —without Soviet participation—first met in October 1943 and became bogged down in the scope of its mandate, with Belgian jurist Marcel de Baer and Czech legal scholar Bohuslav Ečer arguing for a broader definition of war crimes that would include "the crime of war". On 1 November 1943,

9460-439: The Charter of the United Nations, which established the successor organization to the League. Article 13, Paragraph 1 therein states: 1. The General Assembly shall initiate studies and make recommendations for the purpose of: a. ... encouraging the progressive development of international law and its codification. Pursuant to this provision, on December 11, 1946, the General Assembly passed Resolution 94, which called to establish

9632-417: The Commission for the 2023–2027 term are: The commission's main function since its establishment has been its annual sessions, starting from 1949. At first, the proceedings of these sessions were kept in a mimeographed form and were not available to the public, but on December 3, 1955, the General Assembly passed resolution 987, which required the publication of a summary of the proceedings of these meetings in

9804-592: The Concert of Europe was built on came about through closed-doors dealing among the five Great Powers – Austria, Britain, Russia, Prussia and France. The first four of the five dominant peacemakers held sway simply because they brought to the table "negotiating power" that came of hard-won victory in the Napoleonic Wars; France enjoyed her advantageous position largely through the brilliant diplomatic maneuvering by senior statesman Talleyrand . Lesser powers, like Spain, Sweden, and Portugal, were given few opportunities to advocate their interests and only occasionally partook in

9976-477: The Conclusions on Identification of Customary International Law (ILC Conclusions), which seeks to clarify the process by which to identify customary international law. The work of the Commission is regulated by its statute, which was initially approved by the General Assembly on November 21, 1947, and amended on December 12, 1950, December 3, 1955, and November 18, 1981. It consists of 34 members (originally 15) who all must be experts on international law, elected to

10148-458: The Congress was the Polish-Saxon Crisis. Russia wanted most of Poland, and Prussia wanted all of Saxony, whose king had allied with Napoleon. The tsar would like to become king of Poland. Austria analysed, this could make Russia too powerful, a view which was supported by Britain. The result was a deadlock, for which Talleyrand proposed a solution: admit France to the inner circle, and France would support Austria and Britain. The three nations signed

10320-417: The Congress's success. Initially, the representatives of the four victorious powers hoped to exclude the French from serious participation in the negotiations, but Talleyrand skillfully managed to insert himself into "her inner councils" in the first weeks of negotiations. He allied himself to a Committee of Eight lesser powers (including Spain, Sweden, and Portugal) to control the negotiations. Once Talleyrand

10492-471: The Final Act, which stated that "The Powers, recognizing the justice of the claims of ... Portugal and the Brazils, upon the town of Olivenza, and the other territories ceded to Spain by the Treaty of Badajoz of 1801 ". Portugal ratified the Final Act in 1815 but Spain would not sign, and this became the most important hold-out against the Congress of Vienna. Deciding in the end that it was better to become part of Europe than to stand alone, Spain finally accepted

SECTION 60

#1732765175059

10664-479: The Four Great Powers sought to ensure future disputes would be settled in a manner that would avoid the terrible wars of the previous 20 years. Although the Congress of Vienna preserved the balance of power in Europe, it could not check the spread of revolutionary movements across the continent some 30 years later . Some authors have suggested that the Congress of Vienna may provide a model for settling multiple interlocking conflicts in Eastern Europe that arose after

10836-413: The German Kingdoms of Hanover (which gained East Frisia from Prussia and various other territories in Northwest Germany) and Bavaria (which gained the Rhenish Palatinate and territories in Franconia ). The Duchy of Lauenburg was transferred from Hanover to Denmark, and Prussia annexed Swedish Pomerania . Switzerland was enlarged, and Swiss neutrality was established. Swiss mercenaries had played

11008-582: The German annexation of Alsace–Lorraine , under the label of Germanization , which he argued was a crime against humanity. Unlike the British and American prosecution strategies, which focused on using German documents to make their cases, the French prosecutors took the perspective of the victims, submitting postwar police reports. Eleven witnesses, including victims of Nazi persecution, were called; resistance fighter and Auschwitz survivor Marie Claude Vaillant-Couturier testified about crimes she had witnessed. The French charges of war crimes were accepted by

11180-737: The German economy, such as Gustav Krupp (of the conglomerate Krupp AG ), former Reichsbank president Hjalmar Schacht , and economic planners Albert Speer and Walther Funk , along with Speer's subordinate and head of the forced labor program , Fritz Sauckel . While the British were skeptical of prosecuting economic leaders, the French had a strong interest in highlighting German economic imperialism. The military leaders were Hermann Göring —the most infamous surviving Nazi — Wilhelm Keitel , Alfred Jodl , Erich Raeder , and Karl Dönitz . Also on trial were propagandists Julius Streicher and Hans Fritzsche ; Rudolf Hess , Hitler's deputy who had flown to Britain in 1941; Hans Frank , governor-general of

11352-458: The German invaders had destroyed thousands of villages and murdered their inhabitants throughout eastern Europe. The Soviet prosecution emphasized the racist aspect of policies such as the deportation of millions of civilians to Germany for forced labor , the murder of children, systematic looting of occupied territories, and theft or destruction of cultural heritage . The Soviet prosecution also attempted to fabricate German responsibility for

11524-521: The German press. Sentences were debated at length by the judges. Twelve of the defendants were sentenced to death (Göring, Ribbentrop, Keitel, Kaltenbrunner, Rosenberg, Frank, Frick, Streicher, Sauckel, Jodl, Seyss-Inquart, and Bormann). On 16 October, ten were hanged , with Göring killing himself the day before. Seven defendants (Hess, Funk, Raeder, Dönitz, Schirach, Speer, and Neurath) were sent to Spandau Prison to serve their sentences. All three acquittals (Papen, Schacht, and Fritzsche) were based on

11696-404: The IMT. In all, 249 journalists were accredited to cover the IMT and 61,854 visitor tickets were issued. In France, the sentence for Rudolf Hess and acquittal of organizations were met with outrage from the media and especially from organizations for deportees and resistance fighters, as they were perceived as too lenient. In the United Kingdom, although a variety of responses were reported, it

11868-419: The Ionian Islands . The Congress of Vienna has been criticized by 19th century and more recent historians and politicians for ignoring national and liberal impulses, and for imposing a stifling reaction on the Continent. It was an integral part in what became known as the Conservative Order , in which democracy and civil rights associated with the American and French Revolutions were de-emphasized. In

12040-438: The London Conference. The French government tried to appoint staff who were not tainted by collaboration with the Vichy regime; some appointments, including Champetier de Ribes, were of those who had been in the French resistance . Expecting a show trial, the Soviet Union initially appointed as chief prosecutor Iona Nikitchenko , who had presided over the Moscow trials, but he was made a judge and replaced by Roman Rudenko ,

12212-480: The Nazi system, but Göring took the opposite approach, expecting to be executed but vindicated in the eyes of the German people. The charter did not recognize a tu quoque defense —asking for exoneration on the grounds that the Allies had committed the same crimes with which the defendants were charged. Although defense lawyers repeatedly equated the Nuremberg Laws to legislation found in other countries, Nazi concentration camps to Allied detention facilities, and

12384-466: The Netherlands , Belgium , Luxembourg , France , Yugoslavia , Greece , and the Soviet Union . German aggression was accompanied by immense brutality in occupied areas; war losses in the Soviet Union alone included 27 million dead , mostly civilians, which was one seventh of the prewar population. The legal reckoning was premised on the extraordinary nature of Nazi criminality, particularly

12556-590: The Reich Cabinet, and the General Staff and High Command were not ruled to be criminal organizations. Although the Wehrmacht leadership was not considered an organization within the meaning of the charter, misrepresentation of the verdict as an exoneration was one of the foundations of the clean Wehrmacht myth . The trial had nevertheless resulted in the coverage of its systematic criminality in

12728-587: The Soviet Union, United Kingdom, and United States issued the Moscow Declaration , warning the Nazi leadership of the signatories' intent to "pursue them to the uttermost ends of the earth...in order that justice may be done". The declaration stated that those high-ranking Nazis who had committed crimes in several countries would be dealt with jointly, while others would be tried where they had committed their crimes. Soviet jurist Aron Trainin developed

12900-486: The Soviet Union. On 31 August, closing arguments were presented. Over the course of the trial, crimes against humanity and especially against Jews (who were mentioned as victims of Nazi atrocities far more than any other group) came to upstage the aggressive war charge. In contrast to the opening prosecution statements, all eight closing statements highlighted the Holocaust; and the French and British prosecutors made this

13072-423: The Soviet member Vladimir Koretsky was elected first vice-chairman and Indian member Benegal Rau was elected second vice-chairman. During that session, disagreement arose between the members as to whether the commission was entitled to include a topic on its agenda without prior consent of the General Assembly. On this issue, the commission decided that it was competent to do so, by a vote of 10 to 3. Regarding

13244-427: The Soviet prosecution, who wanted more time to prepare its case, were rejected. All defendants pleaded not guilty. Jackson made it clear that the trial's purpose extended beyond convicting the defendants. Prosecutors wanted to assemble irrefutable evidence of Nazi crimes, establish individual responsibility and the crime of aggression in international law, provide a history lesson to the defeated Germans, delegitimize

13416-613: The Treaty on 7 May 1817; however, Olivenza and its surroundings were never returned to Portuguese control and, to the present day, this issue remains unresolved. The United Kingdom received parts of the West Indies at the expense of the Netherlands and Spain and kept the former Dutch colonies of Ceylon and the Cape Colony as well as Malta and Heligoland . Under the Treaty of Paris (1814) Article VIII France ceded to Britain

13588-662: The UN General Assembly passed Resolution 174, which provided for the creation of an "International Law Commission" in order to fulfill the obligations of the Charter. To the resolution was attached the statute of the Commission, which defined its purposes as: Working procedures for the Commission were elaborated in articles 16-26. Under the leadership of Sir Michael Wood, the ILC undertook an authoritative effort to codify customary international law. The ILC produced

13760-587: The United Kingdom. It adopted a declaration promising to punish both direct perpetrators and their superiors, which later became the basis of the Nuremberg system. The Inter-Allied Commission on the Punishment of War Crimes was also established at that time. The United States and United Kingdom refused to endorse this proposal, citing the failure of war crimes prosecutions after World War I . Pressures, primarily from Poland and Czechoslovakia, led

13932-745: The United States Army's refusal to publish the trial record in German for fear it would undermine the fight against communism. The German churches, both Catholic and Protestant, were vocal proponents of amnesty. The pardon of convicted war criminals also had cross-party support in West Germany , which was established in 1949. The Americans satisfied these wishes to bind West Germany to the Western Bloc , beginning early releases of Nuremberg Military Tribunal convicts in 1949. In 1951, High Commissioner John J. McCloy overturned most of

14104-448: The United States against lower-level perpetrators, which focused more on the Holocaust. Controversial at the time for their retroactive criminalization of aggression, the trials' innovation of holding individuals responsible for violations of international law is considered "the true beginning of international criminal law ". Between 1939 and 1945, Nazi Germany invaded many European countries , including Poland , Denmark , Norway ,

14276-484: The West German consensus on release began to erode, due to greater openness in political culture and new revelations of Nazi criminality, including the first trials of Nazi perpetrators in West German courts. The International Military Tribunal, and its charter, "marked the true beginning of international criminal law ". The trial has met a mixed reception ranging from glorification to condemnation. The reaction

14448-511: The addition of new names, but this was rejected. Of the 24 men indicted, Martin Bormann was tried in absentia , as the Allies were unaware of his death; Krupp was too ill to stand trial; and Robert Ley had committed suicide before the start of the trial. Former Nazis were allowed to serve as counsel and by mid-November all defendants had lawyers. The defendants' lawyers jointly appealed to

14620-490: The balance of powers, and respecting spheres of influence and which guided foreign policy among the nations of Europe until the outbreak of the First World War in 1914. To reach amiable consensus among the many different nations holding great interest in the settlement proceedings, informal, face-to-face deliberative sessions were held where opinions and proposed solutions could be inventoried. The policy work on which

14792-527: The beginning of each session, the commission elects one of its members to serve as its chairman until the next session. The 1st session was held in Lake Success, New York from April 12 to June 9, 1949. The agenda for the first session was prepared by the General Assembly throughout 1947–1948. In resolution 177 (November 21, 1947), the Assembly charged the commission with formulating principles based on

14964-681: The break-up of the Soviet Union. 48°12′31″N 16°21′50″E  /  48.2085°N 16.3638°E  / 48.2085; 16.3638 Nuremberg Tribunal This is an accepted version of this page The Nuremberg trials were held by the Allies against representatives of the defeated Nazi Germany for plotting and carrying out invasions of other countries across Europe and atrocities against their citizens in World War II . Between 1939 and 1945, Nazi Germany invaded many countries across Europe, inflicting 27 million deaths in

15136-408: The charter, held together the wide array of charges and defendants and was used to charge the top Nazi leaders, as well as bureaucrats who had never killed anyone or perhaps even directly ordered killing. It was also an end run on the charter's limits on charging crimes committed before the beginning of World War II. Conspiracy charges were central to the cases against propagandists and industrialists:

15308-468: The concept of crimes against peace (waging aggressive war ) which would later be central to the proceedings at Nuremberg. Trainin's ideas were reprinted in the West and widely adopted. Of all the Allies , the Soviet Union lobbied most intensely for trying the defeated German leaders for aggression in addition to war crimes. The Soviet Union wanted to hold a trial with a predetermined outcome similar to

15480-432: The conference, it was debated whether wars of aggression were prohibited in existing customary international law ; regardless, before the charter was adopted there was no law providing for criminal responsibility for aggression. Despite misgivings from other Allies, American negotiator and Supreme Court justice Robert H. Jackson threatened the United States' withdrawal if aggression was not prosecuted because it had been

15652-491: The conspiracy charge "invited apologetic interpretations: narratives of absolute, totalitarian dictatorship, run by society's lunatic fringe, of which the Germans had been the first victims rather than agents, collaborators, and fellow travellers ". In contrast, the evidence presented on the Holocaust convinced some observers that Germans must have been aware of this crime while it was ongoing. On 21 November, Jackson gave

15824-558: The countries of Europe could extend their rights at the Congress. The Italian peninsula became a mere "geographical expression" as divided into seven parts: Lombardy–Venetia , Modena , Naples–Sicily , Parma , Piedmont–Sardinia , Tuscany , and the Papal States under the control of different powers. Poland remained partitioned between Russia, Prussia and Austria, with the largest part, the newly created Kingdom of Poland , remaining under Russian control. The arrangements made by

15996-634: The court's jurisdiction because the prosecution had not proven a connection to aggressive war. Four organizations were ruled to be criminal: the Leadership Corps of the Nazi Party, the SS, the Gestapo, and the SD, although some lower ranks and subgroups were excluded. The verdict only allowed for individual criminal responsibility if willing membership and knowledge of the criminal purpose could be proved, complicating denazification efforts. The SA,

16168-683: The court, claiming it did not have jurisdiction against the accused; but this motion was rejected. The defense lawyers saw themselves as acting on behalf of their clients, but also the German nation. Initially, the Americans had planned to try fourteen organizations and their leaders, but this was narrowed to six: the Reich Cabinet , the Leadership Corps of the Nazi Party , the Gestapo , the SA ,

16340-450: The defendants had surrendered to the United States or United Kingdom. The defendants, who were largely unrepentant, included former cabinet ministers: Franz von Papen (who had brought Hitler to power ); Joachim von Ribbentrop ( foreign minister ), Konstantin von Neurath ( foreign minister ). Wilhelm Frick ( interior minister ), and Alfred Rosenberg (minister for the occupied eastern territories). Also prosecuted were leaders of

16512-514: The defense's 83 , not including 19 defendants who testified on their own behalf. The prosecution examined 110,000 captured German documents and entered 4,600 into evidence, along with 30 kilometres (19 mi) of film and 25,000 photographs. The charter allowed the admissibility of any evidence deemed to have probative value, including depositions . Because of the loose evidentiary rules, photographs, charts, maps, and films played an important role in making incredible crimes believable. After

16684-515: The deportation of Jews to the expulsion of Germans , the judges rejected their arguments. Alfred Seidl  [ de ] repeatedly tried to disclose the secret protocols of the German–Soviet pact; although he was eventually successful, it was legally irrelevant and the judges rejected his attempt to bring up the Treaty of Versailles . Six defendants were charged with the German invasion of Norway , and their lawyers argued that this invasion

16856-430: The diaries of the master of affairs Von Gentz that diplomatic tactics possibly included bribing. He notes that at the Congress he received £22,000 through Talleyrand from Louis XVIII , while Castlereagh gave him £600, accompanied by " les plus folles promesses " ("the wildest promises"); his diary is full of such entries. The Final Act, embodying all the separate treaties, was signed on 9 June 1815 (nine days before

17028-509: The diplomatic congress format marked "the true beginning of our modern era". To his analyses the Congress organisation was deliberate conflict management and was the first genuine attempt to create an international order based upon consensus rather than conflict. "Europe was ready," Jarrett states, "to accept an unprecedented degree of international cooperation in response to the French Revolution." Historian Paul Schroeder argues that

17200-437: The entire German people. Over the summer, all of the national delegations struggled to gather evidence for the upcoming trial. The American and British prosecutors focused on documentary evidence and affidavits rather than testimony from survivors. This strategy increased the credibility of their case, since survivor testimony was considered less reliable and more vulnerable to accusations of bias, but reduced public interest in

17372-441: The former were charged with providing the ideological justification for war and other crimes, while the latter were accused of enabling Germany's war effort. The charge, a brainchild of War Department lawyer Murray C. Bernays , and perhaps inspired by his previous work prosecuting securities fraud , was spearheaded by the United States and less popular with the other delegations, particularly France. The problem of translating

17544-421: The impression of apologizing without assuming personal guilt or naming any victims other than the German people. On 2 September, the court recessed; and the judges retreated into seclusion to decide the verdict and sentences, which had been under discussion since June. The verdict was drafted by British deputy judge Norman Birkett . All eight judges participated in the deliberations, but the deputies could not cast

17716-522: The indictment and evidence into the three official languages of the tribunal—English, French, and Russian—as well as German was severe due to the scale of the task and difficulty of recruiting interpreters, especially in the Soviet Union. Vyshinsky demanded extensive corrections to the charges of crimes against peace, especially regarding the role of the German–Soviet pact in starting World War II. Jackson also separated out an overall conspiracy charge from

17888-685: The individual guilt of each defendant. None of the defendants tried to assert that the Nazis' crimes had not occurred. Some defendants denied involvement in certain crimes or implausibly claimed ignorance of them, especially the Final Solution. A few defense lawyers inverted the arguments of the prosecution to assert that the Germans' authoritarian mindset and obedience to the state exonerated them from any personal guilt. Most rejected that Germany had deviated from Western civilization, arguing that few Germans could have supported Hitler because Germany

18060-639: The islands of " Tobago and Saint Lucia , and of the Isle of France and its dependencies, especially Rodrigues and Les Seychelles ", and under the Treaty between Great Britain and Austria, Prussia and Russia, respecting the Ionian Islands (signed in Paris on 5 November 1815), as one of the treaties signed during the Peace of Paris (1815) , Britain obtained a protectorate over the United States of

18232-425: The issue in question. The final draft is also submitted to the General Assembly. The commission also works independently of external requests by its regular work of considering questions of international law. Also in these cases, all recommendations for actions are submitted to the General Assembly for final approval. The commission's independent deliberations usually take place in its annual sessions. The members of

18404-637: The judgement of the Nuremberg Tribunal and drafting a new code of offences against the peace of mankind. Resolution 178 (of the same day) charged the commission with preparing a document on the rights and duties of states in international law. Resolution 260 (December 9, 1948) instructed the commission to consider the establishment of a criminal chamber within the International Court of Justice , for prosecuting political leaders guilty of crimes against international law. The election of

18576-458: The judgments totaling 3,828 pages. Of 177 defendants, 142 were convicted and 25 sentenced to death; the severity of sentencing was related to the defendant's proximity to mass murder. Legal historian Kevin Jon Heller argues that the trials' greatest achievement was "their inestimable contribution to the form and substance of international criminal law", which had been left underdeveloped by

18748-524: The king of Denmark-Norway to the king of Sweden . This sparked the nationalist movement which led to the establishment of the Kingdom of Norway on 17 May 1814 and the subsequent personal Union with Sweden . Austria gained Lombardy–Venetia in Northern Italy, while much of the rest of North-Central Italy went to Habsburg dynasties (the Grand Duchy of Tuscany , the Duchy of Modena , and

18920-415: The largest delegation, it would take on the bulk of the prosecutorial effort. At Jackson's recommendation, the United States appointed judges Francis Biddle and John Parker . The British chief prosecutor was Hartley Shawcross , Attorney General for England and Wales , assisted by his predecessor David Maxwell Fyfe . Although the chief British judge, Sir Geoffrey Lawrence ( Lord Justice of Appeal ),

19092-500: The main charge, as opposed to that of aggression. All prosecutors except the Americans mentioned the concept of genocide , which had been recently invented by the Polish-Jewish jurist Raphael Lemkin . British prosecutor Shawcross quoted from witness testimony about a murdered Jewish family from Dubno , Ukraine. During the closing statements, most defendants disappointed the judges by their lies and denial. Speer managed to give

19264-408: The main powers so they could balance each other and remain at peace, being at the same time shepherds for the smaller powers. More generally, conservative leaders like Metternich also sought to restrain or eliminate republican , liberal , and revolutionary movements which, from their point of view, had upended the constitutional order of the European ancien régime . At the negotiation table,

19436-579: The meetings held between the great powers. However, because all representatives were gathered in one city it was relatively easy to communicate, to hear and spread news and gossip, and to present points of view for both powerful and less powerful nations. Also of great importance to the parties convened in Vienna were the opportunities presented at wine and dinner functions to establish formal relationships with one another and build-up diplomatic networks. The Treaty of Chaumont in 1814 had reaffirmed decisions that had been made already and that would be ratified by

19608-570: The more important Congress of Vienna. They included the establishment of a confederated Germany, the division of Italy into independent states, the restoration of the Bourbon kings of Spain, and the enlargement of the Netherlands to include what in 1830 became modern Belgium. The Treaty of Chaumont became the cornerstone of the European Alliance that formed the balance of power for decades. Other partial settlements had already occurred at

19780-518: The murder of 80,000 people by those under his command, and SS general Erich von dem Bach-Zelewski , who admitted that German anti-partisan warfare was little more than a cover for the mass murder of Jews. The British prosecution covered the charge of crimes against peace, which was largely redundant to the American conspiracy case. On 4 December, Shawcross gave the opening speech, much of which had been written by Cambridge professor Hersch Lauterpacht . Unlike Jackson, Shawcross attempted to minimize

19952-411: The murder of tens of thousands of Jews from Vilna . The Soviet prosecution case was generally well received and presented compelling evidence about the suffering of the Soviet people and the Soviet contributions to victory. From March to July 1946, the defense presented its counterarguments. Before the prosecution finished, it was clear that their general case was proven, but it remained to determine

20124-558: The nineteenth century, arguing that it had diverged from the West due to pan-Germanism and imperialism. They argued that Nazi ideology, which derived from these earlier ideas, was the mens rea —criminal intent—of the crimes on trial. The French prosecutors, more than their British or American counterparts, emphasized the complicity of many Germans; they barely mentioned the charge of aggressive war and instead focused on forced labor, economic plunder, and massacres. Prosecutor Edgar Faure grouped together various German policies, such as

20296-507: The northern Rhineland. The consolidation of Germany from the nearly 300 states of the Holy Roman Empire (dissolved in 1806) into a much less complex system of thirty-nine states (4 of which were free cities) was confirmed. These states formed a loose German Confederation under the leadership of Austria. Representatives at the Congress agreed to numerous other territorial changes. By the Treaty of Kiel , Norway had been ceded by

20468-549: The novelty of the aggression charges, elaborating its precursors in the conventions of Hague and Geneva , the League of Nations Covenant , the Locarno Treaty , and the Kellogg–Briand Pact . The British took four days to make their case, with Maxwell Fyfe detailing treaties broken by Germany. In mid-December the Americans switched to presenting the case against the indicted organizations, while in January both

20640-416: The old formulae for " balance of power " were in fact highly destabilizing and predatory. He says the Congress of Vienna avoided them and instead set up rules that produced a stable and benign equilibrium. The Congress of Vienna was the first of a series of international meetings that came to be known as the Concert of Europe , which was an attempt to forge a peaceful balance of power in Europe. It served as

20812-413: The opening speech for the prosecution. He described the fact that the defeated Nazis received a trial as "one of the most significant tributes that Power has ever paid to Reason". Focusing on aggressive war, which he described as the root of the other crimes, Jackson promoted an intentionalist view of the Nazi state and its overall criminal conspiracy. The speech was favorably received by the prosecution,

20984-623: The other three charges, aiming that the American prosecution would cover the overall Nazi conspiracy while the other delegations would flesh out the details of Nazi crimes. The division of labor, and the haste with which the indictment was prepared, resulted in duplication, imprecise language, and lack of attribution of specific charges to individual defendants. Some of the most prominent Nazis— Adolf Hitler , Heinrich Himmler , and Joseph Goebbels —had committed suicide and therefore could not be tried. The prosecutors wanted to try representative leaders of German politics, economy, and military. Most of

21156-554: The parts of Poland that had been incorporated into Russia in the 1790s . Prussia received 60 percent of Saxony, much of which became part of the new Province of Saxony from 1816 (the now-Prussian parts of Lower Lusatia and some other areas instead became part of the Province of Brandenburg , with Prussian Upper Lusatia becoming part of the Province of Silesia by 1825); the remainder of Saxony returned to King Frederick Augustus I as his Kingdom of Saxony . It can be learned from

21328-505: The position by the General Assembly from a list of candidates nominated by governments of member states in the UN. Members act as individuals and not as officials representing their respective states. One venue of action for the commission in the codification of principles of international law is when requested to do so by the General Assembly. In that case, the commission appoints one of its members as Special Rapporteur on that subject and prepares

21500-468: The position of France was weak in relation to that of Britain , Prussia , Austria , and Russia , partly due to the military strategy of its leader, Napoleon Bonaparte , over the previous two decades, and his recent defeat. In the settlement the parties did reach, France had to give up all recent conquests, while the other three main powers made major territorial gains around the world. Prussia added territory from smaller states: Swedish Pomerania , most of

21672-473: The preparations for the invasion of the Soviet Union. Paulus incriminated his former associates, pointing to Keitel, Jodl, and Göring as the defendants most responsible for the war. More so than other delegations, Soviet prosecutors showed the gruesome details of German atrocities, especially the death by starvation of 3 million Soviet prisoners of war and several hundred thousand residents of Leningrad . Although Soviet prosecutors dealt most extensively with

21844-669: The president of the World Zionist Organization , as well as the Provisional Government of National Unity in Poland, for an active role in the trial justified by their representation of victims of Nazi crimes were rejected. The Soviet Union invited prosecutors from its allies, including Poland, Czechoslovakia , and Yugoslavia ; Denmark and Norway also sent a delegation. Although the Polish delegation

22016-574: The procedure we have adopted and soundly [be]rated us for two hours. It was a scene I shall never forget." The embarrassed representatives of the Allies replied that the document concerning the protocol they had arranged actually meant nothing. "If it means so little, why did you sign it?" snapped Labrador. Talleyrand's policy, directed as much by national as personal ambitions, demanded the close but by no means amicable relationship he had with Labrador, whom Talleyrand regarded with disdain. Labrador later remarked of Talleyrand: "that cripple, unfortunately,

22188-664: The proceedings. The American prosecution drew on reports of the Office of Strategic Services , an American intelligence agency, and information provided by the YIVO Institute for Jewish Research and the American Jewish Committee , while the French prosecution presented many documents that it had obtained from the Center of Contemporary Jewish Documentation . The prosecution called 37 witnesses compared to

22360-413: The prosecution in declaring the crime of plotting and waging aggressive war "the supreme international crime" because "it contains within itself the accumulated evil of the whole". Most of the defendants were also charged with war crimes and crimes against humanity , and the systematic murder of millions of Jews in the Holocaust was significant to the trial. Twelve further trials were conducted by

22532-471: The prosecution's case. Over the course of the trial, Western judges allowed the defendants additional leeway to denounce the Soviet Union, which was ultimately revealed to be a co-conspirator in the outbreak of World War II. In the context of the brewing Cold War —for example, in 1946 Winston Churchill delivered the Iron Curtain speech —the trial became a means of condemning not only Germany but also

22704-484: The public. This decision led to General Assembly resolution 987, which paved the way to orderly publication of the commission's yearbook. The 8th session was held in Geneva from April 23 to July 4, 1956. The session's agenda consisted of the following items: The commission began consideration of the law of treaties. In this regard, it considered the report of its special rapporteur Gerald Fitzmaurice , but no decision

22876-416: The purpose of making recommendations as to which issues required to be addressed in international law and the steps desirable to that end. The Committee's work led to the League of Nations Codification Conference 1930 , which dealt mainly with the issues of nationality laws, territorial waters and state responsibility for damage caused to foreign nationals. Many concepts of the 1930 conference were adopted in

23048-470: The range of issues to be included in the agenda for the codification of international law, the commission decided to start working on a limited number of subjects at first. For that reason, it was decided to exclude at the time the issue of laws of war from the commission's discussions. The highest priority was given to the topics of law of treaties , arbitration , and regime of the sea, and rapporteurs were elected accordingly. Another topic under discussion

23220-531: The rationale for American entry into World War II . However, Jackson conceded on defining crimes against peace; the other three Allies were opposed because it would undermine the freedom of action of the United Nations Security Council . War crimes already existed in international law as criminal violations of the laws and customs of war , but these did not apply to a government's treatment of its own citizens. Legal experts sought

23392-447: The report after receiving additional written opinions from governments, and the report is submitted to the General Assembly for approval. Another venue of action is when the commission is requested either by a government, an inter-governmental organization or a UN agency to draft proposals for international conventions on various issues. In that case, the commission formulates a plan of work and receives written opinions from governments on

23564-678: The rules and principles of customary international law (a universal unwritten law that nonetheless binds sovereign states). The work that led to the International Law Commission was begun in the Resolution of the Assembly of the League of Nations of 22 September 1924, which established the Committee of Experts for the Progressive Codification of International Law , consisting of 17 members, for

23736-474: The sentences and the last three prisoners, all convicted at the Einsatzgruppen trial, were released in 1958. The German public took the early releases as confirmation of what they saw as the illegitimacy of the trials. The IMT defendants required Soviet permission for release; Speer was not successful in obtaining early release, and Hess remained in prison until his death in 1987. By the late 1950s,

23908-496: The session was influenced by other international events, as the Syrian representative Faris El-Khouri was absent from the early meetings due to UN deliberations of Syrian complaints against Israel . The 4th session was held in Geneva from June 4 to August 8, 1952. Much of the session was dedicated to the issue of arbitral procedure, on which the commission adopted a preliminary draft, consisting of 32 articles. The 5th session

24080-528: The throne. A large United Kingdom of the Netherlands was formed for the Prince of Orange , including both the old United Provinces and the formerly Austrian-ruled territories in the Southern Netherlands, which gave way to the formation of a democratic state, formally headed by a constitutional monarch . Other, less important, territorial adjustments included significant territorial gains for

24252-511: The traditional German elite, and allow the Allies to distance themselves from appeasement . Jackson maintained that while the United States did "not seek to convict the whole German people of crime", neither did the trial "serve to absolve the whole German people except 21 men in the dock". Nevertheless, defense lawyers (although not most of the defendants) often argued that the prosecution was trying to promote German collective guilt and forcefully countered this strawman . According to Priemel,

24424-428: The trial procedure and attempted to discredit the entire proceedings. In order to appease them, the defendants were allowed a free hand with their witnesses and a great deal of irrelevant testimony was heard. The defendants' witnesses sometimes managed to exculpate them, but other witnesses—including Rudolf Höss , the former commandant of Auschwitz, and Hans Bernd Gisevius , a member of the German resistance —bolstered

24596-512: The trial was procedurally fair. The judges were aware that both the Allies and the Axis had planned or committed acts of aggression, writing the verdict carefully to avoid discrediting either the Allied governments or the tribunal. The judges ruled that there had been a premeditated conspiracy to commit crimes against peace, whose goals were "the disruption of the European order" and "the creation of

24768-600: The trial: The German Fascist Destruction of the Cultural Treasures of the Peoples of the USSR , Atrocities Committed by the German Fascist Invaders in the USSR , and The German Fascist Destruction of Soviet Cities , using footage from Soviet filmmakers as well as shots from German newsreels. The second film included footage of the liberation of Majdanek and the liberation of Auschwitz and

24940-578: The trials illegitimate victor's justice and an imposition of collective guilt, which they rejected—instead considering themselves victims of the war. As the Cold War began, the rapidly changing political environment began to affect the effectiveness of the trials. The educational purpose of the Nuremberg Military Tribunals was a failure, in part because of the resistance to war crimes trials in German society, but also because of

25112-468: The tribunal, except for the execution of hostages. Due to the narrow definition of crimes against humanity in the charter, the only part of the Germanization charges accepted by the judges was the deportation of Jews from France and other parts of Western Europe. On 8 February, the Soviet prosecution opened its case with a speech by Rudenko that covered all four prosecution charges, highlighting

25284-505: The tribunal, the audience, historians, and even the defendants. Much of the American case focused on the development of the Nazi conspiracy before the outbreak of war. The American prosecution became derailed during attempts to provide evidence on the first act of aggression, against Austria . On 29 November, the prosecution was unprepared to continue presenting on the invasion of Czechoslovakia , and instead screened Nazi Concentration and Prison Camps . The film, compiled from footage of

25456-457: The tsar as a king ruling it independently of Russia. However, the majority of Greater Poland and Kuyavia , as well as the Chełmno Land , were given to Prussia and mostly included within the newly formed Grand Duchy of Posen ( Poznań ), while Kraków became a free city as a shared protectorate of Austria, Prussia and Russia. Furthermore, the tsar was forbidden from uniting his new realm with

25628-516: The vote of 10 to 1, and Koretsky in protest left the session without attending any further meetings. A letter of protest by the PRC government against the representation of the ROC at the commission was presented to the commission on June 8, but no further action was taken in that regard. The 3rd session was held in Geneva from May 16 to July 27, 1951. The agenda of the session was as follows: The conduct of

25800-490: The war in Europe . At the London Conference, held from 26 June to 2 August 1945, representatives of France, the Soviet Union, the United Kingdom, and the United States negotiated the form that the trial would take. Until the end of the negotiations, it was not clear that any trial would be held at all. The offenses that would be prosecuted were crimes against peace, crimes against humanity , and war crimes. At

25972-490: The whole". The work of the judges was made more difficult due to the broadness of the crimes listed in the Nuremberg Charter. The judges did not attempt to define the crime of aggression and did not mention the retroactivity of the charges in the verdict. Despite the lingering doubts of some of the judges, the official interpretation of the IMT held that all of the charges had a solid basis in customary international law and that

26144-514: The work on this issue was done by the Panamanian representative Ricardo Joaquín Alfaro Jované . The draft declaration was referred to the General Assembly for further deliberations, but in its resolution 596 of December 7, 1951, the Assembly decided to postpone any further discussions on the document. The commission also decided about the time and place of the 2nd session to be held. It was decided to hold it in Geneva, starting from May 1950, for

26316-564: The worst offenders were not prosecuted, for logistical or financial reasons. One set of trials focused on the actions of German professionals: the Doctors' trial focused on human experimentation and euthanasia murders , the Judges' trial on the role of the judiciary in Nazi crimes , and the Ministries trial on the culpability of bureaucrats of German government ministries, especially

26488-719: Was a civilized country. The defendants tried to blame their crimes on Hitler, who was mentioned 1,200 times during the trial—more than the top five defendants combined. Other absent and dead men, including Himmler, Reinhard Heydrich , Adolf Eichmann , and Bormann, were also blamed. To counter claims that conservative defendants had enabled the Nazi rise to power , defense lawyers blamed the Social Democratic Party of Germany , trade unions, and other countries that maintained diplomatic relations with Germany. In contrast, most defendants avoided incriminating each other. Most defendants argued their own insignificance within

26660-646: Was able to use this committee to make himself a part of the inner negotiations, he then left it, once again abandoning his allies. The major Allies' indecision on how to conduct their affairs without provoking a united protest from the lesser powers led to the calling of a preliminary conference on the protocol, to which Talleyrand and the Marquess of Labrador, Spain's representative, were invited on 30 September 1814. Congress Secretary Friedrich von Gentz reported, "The intervention of Talleyrand and Labrador has hopelessly upset all our plans. Talleyrand protested against

26832-484: Was appointed the United States' chief prosecutor, whom historian Kim Christian Priemel describes as "a versatile politician and a remarkable orator, if not a great legal thinker". The United States prosecution believed that Nazism was the product of a German deviation from the West (the Sonderweg thesis) and sought to correct this deviation with a trial that would serve both retributive and educational purposes. As

27004-499: Was arrived at. This first debate on the law of treaties eventually led to the Vienna Convention on the Law of Treaties in 1969. The 9th session was held in Geneva from April 23 to June 28, 1957. The 10th session was held in Geneva from April 28 to July 4, 1958. The 11th session was held in Geneva from April 20 to June 26, 1959. The 12th session was held in Geneva from April 25 to July 1, 1960. The 13 session

27176-468: Was considered even more disturbing than the American concentration camp film. Soviet witnesses included several survivors of German crimes, including two civilians who lived through the siege of Leningrad, a peasant whose village was destroyed in anti-partisan warfare, a Red Army doctor who endured several prisoner-of-war camps and two Holocaust survivors— Samuel Rajzman , a survivor of Treblinka extermination camp , and poet Abraham Sutzkever , who described

27348-495: Was difficult to sustain interest in a long trial. Where the prosecution was disappointed by some of the verdicts, the defense could take satisfaction. Many Germans at the time of the trials focused on finding food and shelter. Despite this, a majority read press reports about the trial. In a 1946 poll, 78 percent of Germans assessed the trial as fair, but four years later that had fallen to 38 percent, with 30 percent considering it unfair. As time went on, more Germans considered

27520-439: Was held in Geneva from June 1 to August 14, 1953. As was done at the opening meeting of the 2nd session, also at this session, the Soviet representative Feodor I. Kozhevnikov demanded to dismiss the representative of the ROC and appoint a representative of the PRC in his place. The motion was denied this time as well, but the Soviet member did not walk out on the session as was done in 1950. The commission began work on drafting

27692-490: Was held in Geneva from May 1 to July 7, 1961. Congress of Vienna The Congress of Vienna of 1814–1815 was a series of international diplomatic meetings to discuss and agree upon a possible new layout of the European political and constitutional order after the downfall of the French Emperor Napoleon Bonaparte . Participants were representatives of all European powers (other than

27864-409: Was held in Geneva from May 2 to July 8, 1955. The commission adopted Provisional articles concerning the regime of the high seas , which stipulated among other things, that the high seas do not belong to any country and cannot be controlled by any government. It also decided to request the UN Secretary General to start regular publication of the commission's sessions in order to make them available for

28036-422: Was largely accepted, with the final wording being "murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population". The final version of the charter limited the tribunal's jurisdiction over crimes against humanity to those committed as part of a war of aggression. Both the United States—concerned that its " Jim Crow " system of racial segregation not be labeled

28208-489: Was narrowed to a conspiracy to wage aggressive war. Only eight defendants were convicted on that charge; all of whom were also found guilty of crimes against peace. All 22 defendants were charged with crimes against peace, and 12 were convicted. The war crimes and crimes against humanity charges held up the best, with only two defendants charged on those grounds being acquitted. The judges determined that crimes against humanity concerning German Jews before 1939 were not under

28380-412: Was not empowered to intervene in the proceedings, it submitted evidence and an indictment, succeeding at drawing some attention to crimes committed against Polish Jews and non-Jews. The work of drafting the indictment was divided up by the national delegations. The British worked on aggressive war; the other delegations were assigned the task of covering crimes against humanity and war crimes committed on

28552-542: Was planned to hold a second international tribunal for German industrialists, but this was never held because of differences between the Allies. Twelve military trials were convened solely by the United States in the same courtroom that had hosted the International Military Tribunal. Pursuant to Law No. 10 adopted by the Allied Control Council , United States forces arrested almost 100,000 Germans as war criminals. The Office of Chief Counsel for War Crimes identified 2,500 major war criminals, of whom 177 were tried. Many of

28724-424: Was rejected by Jackson. Instead, the charter limited the jurisdiction of the court to Germany's actions. Article 7 prevented the defendants from claiming sovereign immunity , and the plea of acting under superior orders was left for the judges to decide. The trial was held under modified common law . The negotiators decided that the tribunal's permanent seat would be in Berlin, while the trial would be held at

28896-420: Was signed nine days before Napoleon's final defeat at Waterloo on 18 June 1815. Some historians have criticised the outcomes of the Congress for causing the subsequent suppression of national, democratic, and liberal movements, and it has been seen as a reactionary settlement for the benefit of traditional monarchs. Others have praised the Congress for protecting Europe from large and widespread wars for almost

29068-407: Was the declaration of the rights and duties of states. It was decided to exclude the issue of right of asylum from the proposed draft, and to discuss the matter further at the 2nd session. Other issues postponed until the 2nd session were: The commission approved a Draft Declaration on the Rights and Duties of States , which was the main legal document adopted at that session. A large portion of

29240-402: Was the first occasion in history where, on a continental scale, national representatives and other stakeholders came together in one city at the same time to discuss and formulate the conditions and provisions of treaties. Before the Congress of Vienna the common method of diplomacy involved the exchange of notes sent back and forth among the several capitals and separate talks in different places,

29412-449: Was the nominal president of the tribunal, in practice Biddle exercised more authority. The French prosecutor, François de Menthon , had just overseen trials of the leaders of Vichy France ; he resigned in January 1946 and was replaced by Auguste Champetier de Ribes . The French judges were Henri Donnedieu de Vabres , a professor of criminal law, and deputy Robert Falco , a judge of the Cour de Cassation who had represented France at

29584-509: Was undertaken to prevent a British invasion of that country ; a cover-up prevented the defense from capitalizing on this argument. Fleet Admiral Chester Nimitz testified that the United States Navy had also used unrestricted submarine warfare against Japan in the Pacific ; Dönitz's counsel successfully argued that this meant that it could not be a crime. The judges barred most evidence on Allied misdeeds from being heard in court. Many defense lawyers complained about various aspects of

#58941