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The Nuremberg Military Tribunals and the Origins of International Criminal Law (Hardcover)
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The Nuremberg Military Tribunals and the Origins of International Criminal Law (Hardcover)
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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 development of 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 more famous 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-level functionaries 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 third section, 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 then examines 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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