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IP: The Nuremberg Trials


From: David Farber <dave () farber net>
Date: Sun, 09 Dec 2001 17:53:05 -0500


Date: Sun,  9 Dec 2001 17:20:02 -0500
From: Jamie McCarthy <jamie () mccarthy vg>
Subject: The Nuremberg Trials
To: farber () cis upenn edu

> I am fascinated by Mr. Fisk's selective recall.  He seems to
> have forgotten that the Nuremberg trials were essentially
> military tribunals.

The "essentially" is unnecesary;  they were military tribunals in
name.  The best-known trial is properly known as the Trial of the
Major War Criminals before the International Military Tribunal.  The
others are collectively known as the Trials of War Criminals before
the Nuremberg Military Tribunals.

But this rhetorical point is misleading, if it is intended to
provide historical precedent for the secret trials the Bush
administration intends.

The IMT was held before an international court with film cameras
rolling.  Every word was translated, transcribed and each day's
proceedings were reported in the newspapers.  The U.S., Great
Britain and France (I don't know about the Soviet Union) published
the full transcripts after the trial was over.  Those four nations
worked together to assemble evidence and present it (and to make
sure the defense was entitled to a fair trial).

The IMT's Rules of Procedure were a mix of (nonmilitary!) courtroom
rules from all four nations.  There would have been a few rules that
seemed odd to an American, or at least to one familiar with American
legal procedure.  But overall the international court was entirely
in keeping with longstanding Western traditions of law.

It was not a kangaroo court;  three of the 22 defendents were
entirely acquitted and eleven others were acquitted of some of the
charges against them.

More information on the IMT is here:

http://www.holocaust-history.org/short-essays/nuremberg.shtml

and the Rules of Procedure it laid out are here:

http://www.holocaust-history.org/works/imt/01/htm/t019.htm
--
 Jamie McCarthy
 jamie () mccarthy vg

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