The first and best known of the trials was that of the major war criminals before the International Military Tribunal (IMT). It was described as "the greatest trial in history" by Sir Norman Birkett
, one of the British judges present throughout.
Held between 20 November 1945 and 1 October 1946,
the Tribunal was given the task of trying 24 of the most important political and military leaders of the Third Reich. Primarily treated here is the first trial, conducted by the International Military Tribunal. Further trials of lesser war criminals were conducted under Control Council Law No. 10 at the U.S. Nuremberg Military Tribunal (NMT)
, which included the Doctors' trial
and the Judges' Trial
The categorization of the crimes and the constitution of the court represented a juridical advance that would be followed afterward by the United Nations
for the development of an international jurisprudence
in matters of war crimes
, crimes against humanity
, and wars of aggression
, and led to the creation of the International Criminal Court
. For the first time in international law
, the Nuremberg indictments also mention genocide
(count three, war crimes: "the extermination of racial and national groups, against the civilian populations of certain occupied territories to destroy particular races and classes of people and national, racial, or religious groups, particularly Jews, Poles, and Gypsies and others.")
United States Army clerks with evidence collected for the Nuremberg trials
Meeting of the War Crimes Executive Committee, which decided on the arrangements for the trial
A precedent for trying those accused of war crimes
had been set at the end of World War I
in the Leipzig War Crimes Trials
held in May to July 1921 before the Reichsgericht
(German Supreme Court) in Leipzig
, although these had been on a very limited scale and largely regarded as ineffectual. At the beginning of 1940, the Polish government-in-exile asked the British and French governments to condemn the German invasion of their country. The British initially declined to do so; however, in April 1940, a joint declaration was issued by the British, French provisional government
and Polish. Relatively bland because of Anglo-French reservations, it proclaimed the trio's "desire to make a formal and public protest to the conscience of the world against the action of the German government whom they must hold responsible for these crimes which cannot remain unpunished."
Three-and-a-half years later, the stated intention to punish the Germans was much more trenchant. On 1 November 1943, the Soviet Union, the United Kingdom, and the United States published their "Declaration on German Atrocities in Occupied Europe"
, which gave a "full warning" that, when the Nazis were defeated, the Allies would "pursue them to the uttermost ends of the earth ... so that justice may be done. ... The above declaration is without prejudice to the case of the major war criminals whose offenses have no particular geographical location and who will be punished by a joint decision of the Government of the Allies."
This intention by the Allies to dispense justice was reiterated at the Yalta Conference
and at Potsdam
British War Cabinet
documents, released on 2 January 2006, showed that as early as December 1944 the Cabinet had discussed their policy for the punishment of the leading Nazis if captured. The British Prime Minister
, Winston Churchill
, had then advocated a policy of summary execution
in some circumstances, with the use of an Act of Attainder
to circumvent legal obstacles, being dissuaded from this only by talks with US and Soviet leaders later in the war.
The main target of the prosecution was Hermann Göring
(left), considered to be the most important surviving official in Nazi Germany
In late 1943, during the Tripartite Dinner Meeting at the Tehran Conference
, the Soviet leader, Joseph Stalin
, proposed executing 50,000–100,000 German staff officers. US PresidentFranklin D. Roosevelt
joked that perhaps 49,000 would do. Churchill, believing them to be serious, denounced the idea of "the cold-blooded execution of soldiers who fought for their country" and that he would rather be "taken out in the courtyard and shot" himself than partake in any such action.
However, he also stated that war criminals must pay for their crimes and that, under the Moscow Document
which he had written, they should be tried at the places where the crimes were committed. Churchill was vigorously opposed to executions "for political purposes."
According to the minutes of a meeting between Roosevelt and Stalin at Yalta, on 4 February 1945, at the Livadia Palace
, President Roosevelt "said that he had been very much struck by the extent of German destruction in Crimea
and therefore he was more bloodthirsty in regard to the Germans than he had been a year ago, and he hoped that Marshal Stalin would again propose a toast to the execution of 50,000 officers of the German Army
Henry Morgenthau Jr.
, US Secretary of the Treasury
, suggested a plan for the total denazification
this was known as the Morgenthau Plan
. The plan advocated the forced de-industrialisation of Germany and the summary execution of so-called "arch-criminals", i.e. the major war criminals.
Roosevelt initially supported this plan, and managed to convince Churchill to support it in a less drastic form. Later, details were leaked in the US generating widespread condemnation by the nation's newspapers and propaganda was published about the plan in Germany. Roosevelt, aware of strong public disapproval
, abandoned the plan but did not adopt an alternative position on the matter. The demise of the Morgenthau Plan created the need for an alternative method of dealing with the Nazi leadership. The plan for the "Trial of European War Criminals" was drafted by Secretary of War Henry L. Stimson
and the War Department
. Following Roosevelt's death in April 1945, the new president, Harry S. Truman
, gave strong approval for a judicial process. After a series of negotiations between Britain, the US, the Soviet Union, and France, details of the trial were worked out. The trials were to commence on 20 November 1945, in the Bavarian
city of Nuremberg.
Creation of the courts
On 20 April 1942, representatives from the nine countries occupied by Germany met in London to draft the "Inter-Allied Resolution on German War Crimes". At the meetings in Tehran
(1945), and Potsdam
(1945), the three major wartime powers, the United Kingdom, United States, and the Soviet Union, agreed on the format of punishment for those responsible for war crimes during World War II. France was also awarded a place on the tribunal. The legal basis for the trial was established by the London Charter
, which was agreed upon by the four so-called Great Powers on 8 August 1945, 
and which restricted the trial to "punishment of the major war criminals of the European Axis countries".
Some 200 German war crimes defendants were tried at Nuremberg, and 1,600 others were tried under the traditional channels of military justice. The legal basis for the jurisdiction of the court was that defined by the Instrument of Surrender of Germany
. Political authority for Germany had been transferred to the Allied Control Council
which, having sovereign power over Germany, could choose to punish violations of international law
and the laws of war
. Because the court was limited to violations of the laws of war, it did not have jurisdiction over crimes that took place before the outbreak of war on 1 September 1939. The Soviet Union was one of the main driving forces behind the creation of a Special Military Tribunal, which evolved into the Nuremberg Trials by the creation of the legal framework to allow the charges against Nazi Germany to be applied. Soviet Lawyer Aron Naumovich Trainin
, formed the legal framework for developing the concepts of aggressive war, genocide, and human rights.
were briefly considered as the location for the trial.
The Soviet Union had wanted the trials to take place in Berlin, as the capital city of the 'fascist conspirators',
but Nuremberg was chosen as the site for two reasons, the first being decisive:
- The Palace of Justice was spacious and largely undamaged (one of the few buildings that had remained largely intact through extensive Allied bombing of Germany), and a large prison was also part of the complex.
- Nuremberg was considered the ceremonial birthplace of the Nazi Party. It had hosted the Party's annual propaganda rallies and the Reichstag session that passed the Nuremberg Laws. Thus it was considered a fitting place to mark the Party's symbolic demise.
As a compromise with the Soviets, it was agreed that while the location of the trial would be Nuremberg, Berlin would be the official home of the Tribunal authorities.
It was also agreed that France would become the permanent seat of the IMT
and that the first trial (several were planned) would take place in Nuremberg.
Most of the accused had previously been detained at Camp Ashcan
, a processing station and interrogation center in Luxembourg, and were moved to Nuremberg for the trial.
Each of the four countries provided one judge and an alternative, as well as a prosecutor.
The vast majority of the defense attorneys
were German lawyers.
These included Georg Fröschmann, Heinz Fritz (Hans Fritzsche
), Otto Kranzbühler
), Otto Pannenbecker (Wilhelm Frick
), Alfred Thoma (Alfred Rosenberg
), Kurt Kauffmann (Ernst Kaltenbrunner
), Hans Laternser (general staff and high command), Franz Exner (Alfred Jodl
), Alfred Seidl (Hans Frank
), Otto Stahmer (Hermann Göring
), Walter Ballas (Gustav Krupp von Bohlen und Halbach), Hans Flächsner (Albert Speer
), Günther von Rohrscheidt (Rudolf Hess
), Egon Kubuschok (Franz von Papen
), Robert Servatius
), Fritz Sauter (Joachim von Ribbentrop
), Walther Funk (Baldur von Schirach
), Hanns Marx (Julius Streicher
), Otto Nelte (Wilhelm Keitel
), and Herbert Kraus/Rudolph Dix (both working for Hjalmar Schacht
). The main counsel were supported by a total of 70 assistants, clerks and lawyers.
The defense witnesses included several men who took part in war crimes themselves during World War II, such as Rudolf Höss
. The men testifying for the defense hoped to receive more lenient sentences.[clarification needed]
All of the men testifying on behalf of the defense were found guilty on several counts.[dubious – discuss]
The defendants in the dock, guarded by American Military Police
The International Military Tribunal was opened on 19 November 1945 in the Palace of Justice in Nuremberg.
The first session was presided over by the Soviet judge, Nikitchenko. The prosecution entered indictments against 24 major war criminals and seven organizations – the leadership of the Nazi
party, the Reich Cabinet, the Schutzstaffel
(SD), the Gestapo
, the Sturmabteilung
(SA) and the "General Staff and High Command", comprising several categories of senior military officers.[avalon 1]
These organizations were to be declared "criminal" if found guilty.
The indictments were for:
- Participation in a common plan or conspiracy for the accomplishment of a crime against peace
- Planning, initiating and waging wars of aggression and other crimes against peace
- Participating in war crimes
- Crimes against humanity
The 24 accused were, with respect to each charge, either indicted
but not convicted (I), indicted and found guilty (G), or not charged (—), as listed below by defendant, charge, and eventual outcome:
Overview of the trial
"Nazi Concentration and Prison Camps" film produced by US armed forces and used as evidence.
October 17, 1946 U.S. newsreel of Nuremberg trials sentencing.
- 20 November 1945: The trials begin.
- 21 November 1945: Robert H. Jackson opens for the prosecution with a speech lasting several hours, leaving an impression on both the court and the public.
- 26 November 1945: The Hossbach Memorandum (of a conference in which Hitler explained his war plans) is presented.
- 29 November 1945: The film Nazi Concentration and Prison Camps is screened.
- 30 November 1945: Witness Erwin von Lahousen testifies that Keitel and von Ribbentrop gave orders for the murder of Poles, Jews, and Russian prisoners of war.
- 11 December 1945: The film The Nazi Plan is screened, showing long-term planning and preparations for war by the Nazis.
- 3 January 1946: Witness Otto Ohlendorf, former head of Einsatzgruppe D, admits to the murder of around 90,000 Jews.
- 3 January 1946: Witness Dieter Wisliceny describes the organization of RSHA Department IV-B-4, in charge of the Final Solution.
- 7 January 1946: Witness and former SS-Obergruppenführer Erich von dem Bach-Zelewski admits to the organized mass murder of Jews and other groups in the Soviet Union.
- 28 January 1946: Witness Marie-Claude Vaillant-Couturier, member of the French Resistance and concentration camp survivor, testifies on the Holocaust, becoming the first Holocaust survivor to do so.
- 11–12 February 1946: Witness and former Field Marshal Friedrich Paulus, who had been secretly brought to Nuremberg from Soviet captivity, testifies on the question of waging a war of aggression.
- 14 February 1946: The Soviet prosecutors try to blame the Katyn massacre on the Germans.
- 19 February 1946: The Soviet film Cruelties of the German-Fascist Intruders, detailing the atrocities in the extermination camps, is screened.
- 27 February 1946: Witness Abraham Sutzkever testifies on the murder of almost 80,000 Jews in Vilnius by the Germans occupying the city.
- 8 March 1946: The first witness for the defense testifies – former General Karl Bodenschatz.
- 13–22 March 1946: Hermann Göring takes the stand.
- 15 April 1946: Witness Rudolf Höss, former commandant of Auschwitz, confirms that Kaltenbrunner had never been there, but admits to having carried out mass murder.
- 21 May 1946: Witness Ernst von Weizsäcker explains the German-Soviet Non-Aggression Pact of 1939, including its secret protocol detailing the division of Eastern Europe between Germany and the Soviet Union.
- 20 June 1946: Albert Speer takes the stand. He is the only defendant to take personal responsibility for his actions.
- 29 June 1946: The defense for Martin Bormann testifies.
- 1–2 July 1946: The court hears six witnesses testifying on the Katyn massacre; the Soviets fail to pin the blame for the event on Germany.
- 2 July 1946: Admiral Chester W. Nimitz provides written testimony regarding attacks on merchant vessels without warning, admitting that Germany was not alone in these attacks, as the US did the same.
- 4 July 1946: Final statements for the defense.
- 26 July 1946: Final statements for the prosecution.
- 30 July 1946: Start of the trial of the "criminal organizations".
- 31 August 1946: Last statements by the defendants.
- 1 September 1946: The court adjourns.
- 30 September–1 October 1946: The sentencing occurs, taking two days, with the individual sentences read out on the afternoon of 1 October.
The accusers were successful in unveiling the background of developments leading to the outbreak of World War II, which cost around 50 million lives in Europe alone,
as well as the extent of the atrocities committed in the name of the Hitler regime. Twelve of the accused were sentenced to death, seven received prison sentences (ranging from 10 years to life sentence), three were acquitted, and two were not charged.
The body of Hermann Göring, Oct. 16, 1946
The death sentences were carried out on 16 October 1946 by hanging
using the standard drop method
instead of long drop
. The U.S. Army denied claims that the drop length was too short, which may cause the condemned to die slowly from strangulation
instead of quickly from a broken neck,
but evidence remains that some of the condemned men choked in agony for 14 to 28 minutes.
The executioner was John C. Woods
The executions took place in the gymnasium of the court building (demolished in 1983).
Although the rumor has long persisted that the bodies were taken to Dachau and burned there, they were incinerated in a crematorium in Munich, and the ashes scattered over the river Isar
The French judges suggested that the military condemned (Göring, Keitel, and Jodl) be shot by a firing squad
, as is standard for military courts-martial, but this was opposed by Biddle and the Soviet judges, who argued that the military officers had violated their military ethos and were not worthy of the more dignified death by shooting.
The prisoners sentenced to incarceration were transferred to Spandau Prison
Of the 12 defendants sentenced to death by hanging, two were not hanged: Martin Bormann
was convicted in absentia (he had, unknown to the Allies, died while trying to escape from Berlin in May 1945), and Hermann Göring committed suicide the night before the execution. The remaining 10 defendants sentenced to death were hanged.
The fact that internal law
does not impose a penalty for an act which constitutes a crime under international law
does not relieve the person who committed the act from responsibility under international law.
The fact that a person who committed an act which constitutes a crime under international law, acted as Head of State
or responsible government official
, does not relieve him from responsibility under international law.
The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.
Any person charged with a crime under international law has the right to a fair trial
on the facts and law.
The crimes hereinafter set out are punishable as crimes under international law:
(i) Planning, preparation, initiation or waging of a war of aggression
or a war in violation of international treaties, agreements or assurances;
(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).
Murder, extermination, enslavement, deportation
and other inhumane acts done against any civilian population, or persecutions
on political, racial, or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime.
Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.
Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principle VI is a crime under international law.
The medical experiments conducted by German doctors and prosecuted in the so-called Doctors' Trial
led to the creation of the Nuremberg Code
to control the future trials involving human subjects, a set of research ethics principles for human experimentation.
Subsidiary and related trials
German Colonel Friedrich Meurer as a postwar witness Nuremberg Trials
Other trials conducted after the first Nuremberg trial include the following:
American role in the trial
Chief American prosecutor Robert H. Jackson addresses the Nuremberg court. 20 November 1945.
Some accounts argue that Truman had appointed Biddle as the main American judge for the trial as an apology for asking for his resignation.
Ironically, Biddle was known during his time as Attorney General for opposing the idea of prosecuting Nazi leaders for crimes committed before the beginning of the war, even sending out a memorandum on 5 January 1945 on the subject.
The note also expressed Biddle's opinion that instead of proceeding with the original plan for prosecuting entire organizations, there should simply be more trials that would prosecute specific offenders.
Biddle soon changed his mind, as he approved a modified version of the plan on 21 January 1945, likely due to time constraints, since the trial would be one of the main issues which were to be discussed at Yalta.
At trial, the Nuremberg tribunal ruled that any member of an organization convicted of war crimes, such as the SS or Gestapo, who had joined after 1939 would be considered a war criminal.
Biddle managed to convince the other judges to make an exemption for any member who was drafted or had no knowledge of the crimes being committed by these organizations.
Justice Robert H. Jackson
played an important role in not only the trial itself but also in the creation of the International Military Tribunal, as he led the American delegation to London that, in the summer of 1945, argued in favor of prosecuting the Nazi leadership as a criminal conspiracy.
According to Airey Neave
, Jackson was also the one behind the prosecution's decision to include membership in any of the six criminal organizations in the indictments at the trial, though the IMT rejected this because it was wholly without precedent in either international law or the domestic laws of any of the Allies.
Jackson also attempted to have Alfried Krupp be tried in place of his father, Gustav and even suggested that Alfried volunteer be tried in his father's place.
Both proposals were rejected by the IMT, particularly by Lawrence and Biddle, and some sources indicate that this resulted in Jackson being viewed unfavorably by the latter.
Thomas Dodd was a prosecutor for the United States. There was an immense amount of evidence backing the prosecutors' case, especially since meticulous records of the Nazis' actions had been kept. There were records taken in by the prosecutors that had signatures from specific Nazis signing for everything from stationery supplies to Zyklon B gas
, which was used to kill the inmates of the death camps. Thomas Dodd showed a series of pictures to the courtroom after reading through the documents of crimes committed by the defendants. The showing consisted of pictures displaying the atrocities performed by the defendants. The pictures had been gathered when the inmates were liberated from the concentration camps.
Henry F. Gerecke
, a Lutheran pastor, and Sixtus O'Connor
, a Roman Catholic priest, were sent to minister to the Nazi defendants.
Photographs of the trial were taken by a team of about a dozen US Army still photographers, under the direction of chief photographer Ray D'Addario
Courtroom 600 in June 2016 showing contemporary configuration
The Tribunal is celebrated for establishing that "crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced."
The creation of the IMT was followed by trials of lesser Nazi officials and the trials of Nazi doctors, who performed experiments on people in prison camps. It served as the model for the International Military Tribunal for the Far East
which tried Japanese officials for crimes against peace and crimes against humanity. It also served as the model for the Eichmann trial
and present-day courts at The Hague, for trying crimes committed during the Balkan wars of the early 1990s, and at Arusha, for trying the people responsible for the genocide in Rwanda
The Nuremberg trials had a great influence on the development of international criminal law
. The Conclusions of the Nuremberg trials served as models for:
The influence of the tribunal can also be seen in the proposals for a permanent international criminal court, and the drafting of international criminal codes, later prepared by the International Law Commission.
Tourists can visit courtroom 600 on days when no trial is on. A permanent exhibition has been dedicated to the trials.
Establishment of a permanent International Criminal Court
The Nuremberg trials initiated a movement for the prompt establishment of a permanent international criminal court, eventually leading over fifty years later to the adoption of the Statute of the International Criminal Court
. This movement was brought about because, during the trials, there were conflicting court methods between the German court system and the U.S. court system. The crime of conspiracy was unheard of in the civil law systems of the Continent. Therefore, the German defense found it unfair to charge the defendants with conspiracy to commit crimes, while the judges from common-law countries were used to doing so.[page needed]
It [IMT] was the first successful international criminal court, and has since played a pivotal role in the development of international criminal law and international institutions.
Though the guilt of the sentenced parties is generally considered beyond doubt, the trials themselves have been criticised on several procedural points.
A contemporary German jurist said:
That the defendants at Nuremberg were held responsible, condemned and punished, will seem to most of us initially as a kind of historical justice. However, no one who takes the question of guilt seriously will be content with this sensibility. Justice is not served when the guilty parties are punished in any old way, even if this seems appropriate concerning their measure of guilt. Justice is only served when the guilty are punished in a way that carefully and conscientiously considers their criminal errors according to the provisions of valid law under the jurisdiction of a legally appointed judge.
Chief Justice of the United States Supreme Court Harlan Fiske Stone
called the Nuremberg trials a "fraud".
"[Chief U.S. prosecutor] Jackson
is away conducting his high-grade lynching
party in Nuremberg[.] I don't mind what he does to the Nazis, but I hate to see the pretense that he is running a court and proceeding according to common law
. This is a little too sanctimonious a fraud to meet my old-fashioned ideas", Stone wrote.
Ex post facto charges
Critics of the Nuremberg trials argued that the charges against the defendants were only defined as "crimes" after they were committed and saw the trial as a form of "victor's justice
". Quincy Wright
, writing eighteen months after the conclusion of the IMT, explained the opposition to the Tribunal thus:
The assumptions underlying the Charter of the United Nations, the Statute of the International Court of Justice, and the Charter of the Nuremberg Tribunal are far removed from the positivistic
assumptions which greatly influenced the thought of international jurists in the nineteenth century. Consequently, the activities of those institutions have frequently been vigorously criticized by positivistic jurists ... [who] have asked: How can principles enunciated by the Nuremberg Tribunal, to take it as an example, be of legal value until most of the states have agreed to a tribunal with jurisdiction
to enforce those principles? How could the Nuremberg Tribunal have obtained jurisdiction to find Germany guilty of aggression, when Germany had not consented to the Tribunal? How could the law, first explicitly accepted in the Nuremberg Charter of 1945, have bound the defendants in the trial when they committed the acts for which they were indicted years earlier?
In 1915, Britain, France, and Russia jointly issued a statement explicitly charging, for the first time, another government (the Sublime Porte
) of committing "a crime against humanity
". However, it was not until the phrase was further developed in the London Charter
that it had a specific meaning. As the London Charter definition of what constituted a crime against humanity was unknown when many of the crimes were committed, it could be argued to be a retroactive law, in violation of the principles of the prohibition of ex post facto laws
and the general principle of penal law nullum crimen, nulla poena sine praevia lege poenali
One criticism that was made of the IMT was that some treaties were not binding on the Axis powers because they were not signatories. This was addressed in the judgment relating to war crimes and crimes against humanity,[avalon 26]
which contains an expansion of customary law: "the [Hague] Convention
expressly stated that it was an attempt 'to revise the general laws and customs of war,' which is thus recognized to be then existing, but by 1939 these rules laid down in the Convention were recognized by all civilized nations and were regarded as being declaratory of the laws and customs of war which are referred to in Article 6 (b) of the [London] Charter."
Hypocrisy of Allied nations
Jackson, in a letter discussing the weaknesses of the trial, in October 1945 told U.S. President Harry S. Truman
that the Allies themselves "have done or are doing some of the very things we are prosecuting the Germans for", including violations of the Geneva Convention
and the Soviet Union's aggression against the Baltic states.
One of the charges, brought against Keitel, Jodl, and Ribbentrop, included conspiracy to commit aggression against Poland in 1939. However, Soviet leaders were not tried for their part in the German-Soviet Non-Aggression Pact
The main Soviet judge, Iona Nikitchenko
, had presided over some of the most notorious of Stalin
's show trials
during the Great Purges
of 1936 to 1938, where he, among other things, sentenced Kamenev
as part of a regime that executed 681,692 people arrested for "counter-revolutionary and state crimes" in 1937 and 1938 alone.
Though the ICTY
later held it to be "flawed in principle",
the tu quoque
argument, adduced by German defendants, was admitted as a valid defense during the trials, and the admirals Dönitz and Raeder were not punished for waging unrestricted submarine warfare.
The validity of the court has been questioned on several grounds.
The trials were conducted under their own rules of evidence
. The Charter of the International Military Tribunal permitted the use of normally inadmissible "evidence". Article 19 specified that "The Tribunal shall not be bound by technical rules of evidence ... and shall admit any evidence which it deems to have probative
value". Article 21 of the Nuremberg International Military Tribunal (IMT) Charter stipulated:
The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice
thereof. It shall also take judicial notice of official governmental documents and reports of the United [Allied] Nations, including acts and documents of the committees set up in the various allied countries for the investigation of war crimes, and the records and findings of military and other Tribunals of any of the United [Allied] Nations.
The chief Soviet prosecutor submitted false documentation in an attempt to indict defendants for the murder of thousands of Polish officers in the Katyn forest
near Smolensk. However, the other Allied prosecutors refused to support the indictment and German lawyers promised to mount an embarrassing defense. No one was charged or found guilty at Nuremberg for the Katyn Forest massacre
In 1990, the Soviet government acknowledged that the Katyn massacre was carried out, not by the Germans, but by the Soviet secret police.
Luise, the wife of Alfred Jodl
, attached herself to her husband's defense team. Subsequently interviewed by Gitta Sereny
, researching her biography of Albert Speer
, Luise alleged that in many instances the Allied
prosecution made charges against Jodl based on documents that they refused to share with the defense. Jodl nevertheless proved some of the charges made against him were untrue, such as the charge that he helped Hitler gain control of Germany in 1933. He was in one instance aided by a GI
clerk who chose to give Luise a document showing that the execution of a group of British commandos in Norway
had been legitimate. The GI warned Luise that if she did not copy it immediately she would never see it again.
Germans read newspaper about the trial
- ^ Marrus 1997, p. 563.
- ^ Harris 2006, p. 106.
- ^ "The trial of German major war criminals : proceedings of the International Military Tribunal sitting at Nuremberg Germany". avalon.law.yale.edu. Retrieved 21 February 2019.
- ^ "Nuremberg Trial Proceedings Vol. 1 London Agreement of August 8th 1945". Avalon Project. Yale Law School. Retrieved 5 December 2020.
- ^ Kochavi 1998, pp. 7–8.
- ^ Heller 2011, page 9. According to Marrus 1997, page 563, Roosevelt had already written to Rabbi Stephen Wise, president of the American Jewish Congress, in July 1942, saying: "The American people not only sympathize with all victims of Nazi crimes but will hold the perpetrators of these crimes to strict accountability in a day of reckoning which will surely come."
- ^ "Shooting top Nazis? The Nuremberg option wasn't apple pie either". The Guardian. 26 October 2012. Archived from the original on 11 September 2013. Retrieved 21 April 2013.
- ^ Senarclens 1988, pp. pp. 19–20.
- ^ Crossland, John (1 January 2006). "Churchill: execute Hitler without trial". The Sunday Times. Archived from the original on 11 March 2007. Retrieved 23 November 2011.
- ^ Tehran Conference: Tripartite Dinner MeetingArchived 2006-06-29 at the Wayback Machine, 29 November 1943, Soviet Embassy, 8:30 PM
- ^ United States Department of State Archived 2011-04-30 at the Wayback Machine Foreign relations of the United States. Conferences at Malta and Yalta, 1945. p. 571.
- ^ "The original memorandum from 1944, signed by Morgenthau". Fdrlibrary.marist.edu. 27 May 2004. Archived from the original on 29 April 2009. Retrieved 4 January 2013.
- ^ "The original Morgenthau memorandum from 1944". Fdrlibrary.marist.edu. 27 May 2004. Archived from the original on 29 April 2009. Retrieved 4 January 2013.
- ^ Lawrence 1947, p. 151.
- ^ a b c Overy 2001, pp. 19–20.
- ^ a b Henkel, Matthias, ed. (2011), Memoriam Nuernberger Prozesse (exhibition catalogue) (in German), Nuremberg: Museen der Stadt Nuernberg, p. 32
- ^ a b Heydecker, Joe J.; Leeb, Johannes (1979). Der Nürnberger Prozeß (in German). Köln: Kiepenheuer und Witsch. p. 97.
- ^ Minutes of 2nd meeting of BWCE and the Representatives of the USA. Kew, London: Lord Chancellor's Office, Public Record Office. 21 June 1945.
- ^ a b Rough Notes Meeting with Russians. Kew, London: Lord Chancellor's Office, Public Record Office. 29 June 1945.
- ^ Severo, Richard (24 May 1998). "Telford Taylor, Who Prosecuted Top Nazis At the Nuremberg War Trials, Is Dead at 90". The New York Times. ISSN 0362-4331. Archived from the original on 16 February 2017. Retrieved 15 February 2017.
- ^ "Lawyer William S. Kaplan, 76, prosecutor at Nuremberg trials". Chicago Sun Times. 25 March 1986.
- ^ Davidson 1997, p. 30–1.
- ^ Henkel, Matthias, ed. (2011), Memoriam Nuernberger Prozesse (exhibition catalogue) (in German), Nuremberg: Museen der Stadt Nuernberg, pp. 67–69
- ^ Ehrenfreund, Norbert. The Nuremberg Legacy. New York: Palgrave Macmillan, 2007. Print.
- ^ Henkel, Matthias, ed. (2011), Memoriam Nuernberger Prozesse (exhibition catalogue) (in German), Nuremberg: Museen der Stadt Nuernberg, p. 78
- ^ Summary of the indictment in Department of State Bulletin, October 21, 1945, p. 595
- ^ President of the Reich for 23 days after Adolf Hitler's suicide.[avalon 3]
- ^ Henkel, Matthias, ed. (2011), Memoriam Nuernberger Prozesse (exhibition catalogue) (in German), Nuremberg: Museen der Stadt Nuernberg, p. 46
- ^ William L. Shierer "The Rise and Fall of the third reich", Nuremberg-chapter of part IV
- ^ Henkel, Matthias, ed. (2011), Memoriam Nuernberger Prozesse (exhibition catalogue) (in German), Nuremberg: Museen der Stadt Nuernberg, p. 40
- ^ Henkel, Matthias, ed. (2011), Memoriam Nuernberger Prozesse (exhibition catalogue) (in German), Nuremberg: Museen der Stadt Nuernberg, p. 47
- ^ Clapham, Andrew (2003). "Issues of complexity, complicity and complementarity: from the Nuremberg Trials to the dawn of the International Criminal". In Philippe Sands (ed.). From Nuremberg to the Hague: the future of international criminal justice. Cambridge University Press. ISBN 0-521-82991-7. The tribunal's eventual decision was that Gustav Krupp could not be tried because of his condition but that 'the charges against him in the Indictment should be retained for trial thereafter if the physical and mental condition of the defendant should permit'.
- ^ ;"God protect Germany. God have mercy on my soul. My final wish is that Germany should recover her unity and that, for the sake of peace, there should be an understanding between East and West. I wish peace to the world. Last and Near-Last Words of the Famous, Infamous and Those In-Between By Joseph W. Lewis Jr. M.D., and after saying this he whispered to the chaplain, "I'll see you again"Andrus, Burton C., I Was the Nuremberg Jailor, New York: Coward-McCann, 1969, p. 195.
- ^ William L Shierer "the Rise and Fall of the third Reich", part IV, Nuremberg-chapter
- ^ Nazi Concentration and Prison Camps is available for free download at the Internet Archive
- ^ Henkel, Matthias, ed. (2011), Memoriam Nuernberger Prozesse (exhibition catalogue) (in German), Nuremberg: Museen der Stadt Nuernberg, pp. 78–84
- ^ David W. Del Testa, Florence Lemoine, John Strickland (2003). Government leaders, military rulers, and political activists. Greenwood Publishing Group. p.83. ISBN 1-57356-153-3
- ^ "Germany – The Nuremberg Trials Archived 2016-04-06 at the Wayback Machine". Library of Congress Country Studies.
- ^ War Crimes: Night without Dawn. Archived 2009-11-02 at the Wayback Machine Time Magazine Monday 28 October 1946
- ^ Shnayerson, Robert (October 1996). "Judgment at Nuremberg" (PDF). Smithsonian Magazine. pp. 124–141. Archived from the original (PDF) on 30 April 2011. The trial removed 11 of the most despicable Nazis from life itself. In the early morning hours of Wednesday, October 16, 1946, ten men died in the courthouse gymnasium in a botched hanging that left some strangled to death for as long as 25 minutes.
- ^ "The Trial of the Century– and of All Time, part two". Flagpole Magazine. 17 July 2002. p. 6. Archived from the original on 2 March 2009. the experienced Army hangman, Master Sgt. John C. Woods, botched the execution. A number of the hanged Nazis died, not quickly from a broken neck as intended, but agonizingly from slow strangulation. Ribbentrop and Sauckel each took 14 minutes to choke to death, while Keitel, whose death was the most painful, struggled for 28 minutes at the end of the rope before expiring.
- ^ Colonel French L. MacLean, The Fifth Field: The Story of the 96 American Soldiers Sentenced to Death and Executed in Europe and North Africa in World War II (Atglen, PA: Schiffer Publishing, 2013), ISBN 9780764345777.
- ^ Henkel, Matthias, ed. (2011), Memoriam Nuernberger Prozesse (exhibition catalogue) (in German), Nuremberg: Museen der Stadt Nuernberg, p. 87
- ^ White, Michael (26 October 2012). "Shooting top Nazis? The Nuremberg option wasn't apple pie either". the Guardian. Retrieved 3 February 2021.
- ^ Neave 1978, pp. 339–40.
- ^ Roland, Paul. The Nuremberg Trials. London: Arcturus Publishing Limited, 2012. Print.
- ^ Service, Kimberly Winston Religion News (24 August 2014). "The Strange Story Of The American Pastor Who Ministered To Nazis". Archived from the original on 2 April 2015. Retrieved 1 April 2015.
Hevesi, Dennis (16 February 2011). "Raymond D'Addario, Photographer of Nazis, Dies at 90". The New York Times. Archived from the original on 4 March 2019.
- ^ Heller 2011, p. 3.
- ^ "Yearbook of the International Law Commission, 1950". legal.un.org. Archived from the original on 16 October 2014. Retrieved 21 October 2013.
- ^ "Visitor Information – Memorium Nuremberg Trials". Archived from the original on 27 November 2015. Retrieved 30 November 2015.
- ^ Ehrenfreund, Norbert (2007), The Nuremberg Legacy, New York: Palgrave Macmillan.
- ^ 'The Frankfurt Auschwitz Trial, 1963–1965: Genocide, History, and the Limits of the Law' by Devin O. Pendas, Boston College, Massachusetts. (ISBN 978-0-521-12798-1)
- ^ 'Dönitz at Nuremberg: A Reappraisal', H. K. Thompson, Jr., and Henry Strutz, (Torrance, Calif.: 1983)
- ^ Kennedy, John Fitzgerald; Sorensen, Ted (1955). Profiles in Courage. Harper & Brothers. ISBN 978-0-06-095544-1.
- ^ See, e.g., statement of Professor Nicholls of St. Antony's College, Oxford, that "[t]he Nuremberg trials have not had a very good press. They are often depicted as a form of victor's justice in which people were tried for crimes that did not exist in law when they committed them, such as conspiring to start a war." Prof. Anthony Nicholls, University of Oxford Archived 2009-01-01 at the Wayback Machine
- ^ Wright 1948, pp. 405–7.
- ^ Luban 1994, pp. 360–361.
- ^ "The Legacy of Nuremberg". PBS Online/WGBH. 1 March 2006. Archived from the original on 29 September 2011. Retrieved 23 November 2011.
- ^ Bauer, Eddy The Marshall Cavendish Illustrated Encyclopedia of World War II Volume 22 New York: Marshall Cavendish Corporation 1972 page 3071.
- ^ Encyclopedia Krugosvet[permanent dead link] (in Russian)
- ^ Abbott Gleason (2009). A Companion to Russian History. Wiley-Blackwell. p.373. ISBN 1-4051-3560-3
- ^ Alpheus T. Mason, Harlan Fiske Stone: Pillar of the Law, New York, Viking, 1956, p. 716.
- ^ Shearer, David. 2003. "Social Disorder, Mass Repression and the NKVD During the 1930s." Pp. 85–117 in Stalin’s Terror: High Politics and Mass Repression in the Soviet Union, edited by B. McLaughlin and K. McDermott. Basingstoke: Palgrave MacMillan.
- ^ a b Yee, Sienho (1 January 2004). "The Tu Quoque Argument as a Defence to International Crimes, Prosecution or Punishment". Chinese Journal of International Law. Oxford University Press in association with the Chinese Society of International Law, Beijing, and Wuhan University Institute of International Law, Wuhan, China. 3 (1): 87–134. doi:10.1093/oxfordjournals.cjilaw.a000519. ISSN 1746-9937. ... in the light of the similar conduct of the British Admiralty and the United States Navy, the tribunal did not impose any punishment on the Admirals for these violations; they were punished for other violations only [p. 103] ... the tu quoque argument received recognition at the International Military Tribunal at Nuremberg [p. 117] ... the [ICTY] Trial Chamber argued that 'the tu quoque argument is flawed in principle ... [p. 119]
- ^ "German Defense Team Clobbers Soviet Claims". Nizkor.org. 26 August 1995. Archived from the original on 9 March 2009. Retrieved 4 April 2009.
- ^ BBC News story: Russia to release massacre files, 16 December 2004 online Archived 2008-12-16 at the Wayback Machine
- ^ Sereny 1995, p. 578.
- ^ "Nuremberg Trial Proceedings Indictment: Appendix B". Archived from the original on 11 August 2011. Retrieved 3 December 2010.
- ^ "Bormann judgement". Archived from the original on 11 August 2011. Retrieved 16 December 2009.
- ^ a b "Dönitz judgement". Archived from the original on 10 August 2011. Retrieved 16 December 2009.
- ^ "Frank judgement". Archived from the original on 20 May 2011. Retrieved 16 December 2009.
- ^ "Frick judgement". Archived from the original on 11 August 2011. Retrieved 16 December 2009.
- ^ "Fritzsche judgement". Archived from the original on 11 August 2011. Retrieved 16 December 2009.
- ^ "Funk judgement". Archived from the original on 11 August 2011. Retrieved 16 December 2009.
- ^ "Goering judgement". Archived from the original on 11 August 2011. Retrieved 16 December 2009.
- ^ "Hess judgement". Archived from the original on 25 November 2015. Retrieved 16 December 2009.
- ^ "Jodl judgement". Archived from the original on 11 August 2011. Retrieved 16 December 2009.
- ^ "Kaltenbrunner judgement". Archived from the original on 11 August 2011. Retrieved 16 December 2009.
- ^ "Keitel judgement". Archived from the original on 11 August 2011. Retrieved 16 December 2009.
- ^ "Von Neurath judgement". Archived from the original on 10 August 2011. Retrieved 16 December 2009.
- ^ "Von Papen judgement". Archived from the original on 11 August 2011. Retrieved 16 December 2009.
- ^ "Raeder judgement". Archived from the original on 11 August 2011. Retrieved 16 December 2009.
- ^ "Von Ribbentrop judgement". Archived from the original on 11 August 2011. Retrieved 16 December 2009.
- ^ "Rosenberg judgement". Archived from the original on 2 February 2009. Retrieved 16 December 2009.
- ^ "Sauckel judgement". Archived from the original on 11 August 2011. Retrieved 16 December 2009.
- ^ "Schacht judgement". Archived from the original on 2 February 2009. Retrieved 16 December 2009.
- ^ "Von Schirach judgement". Archived from the original on 20 August 2016. Retrieved 12 January 2009.
- ^ "Seyss-Inquart judgement". Archived from the original on 2 February 2009. Retrieved 12 January 2009.
- ^ "Speer judgement". Archived from the original on 25 January 2009. Retrieved 12 January 2009.
- ^ "Streicher judgement". Archived from the original on 3 February 2009. Retrieved 12 January 2009.
- ^ "Motion adopted by all defense counsel". The Avalon Project: Nuremberg Trial Proceedings volume 1. Lillian Goldman Law Library. 19 November 1945. Archived from the original on 1 December 2011. Retrieved 23 November 2011.
- ^ "International Military Tribunal, Judgment of the International Military Tribunal (1946)". Archived from the original on 7 January 2015.
- ^ "The trial of German major war criminals : proceedings of the International Military Tribunal sitting at Nuremberg, Germany". Archived from the original on 17 August 2014. Retrieved 6 October 2016.
- Biddiss, Michael (1995). "Victors' Justice? The Nuremberg Tribunal" (PDF). History Today. 45 (5).
- Bower, Tom (1995) . Blind Eye to Murder: Britain, America and the Purging of Nazi Germany—A Pledge Betrayed (2nd revised ed.). London Little, Brown. ISBN 978-0-316-87668-1.
- Brunner, José (September 2001). ""Oh those crazy cards again": a history of the debate on the Nazi Rorschachs, 1946–2001". Political Psychology. 22 (2): 233–261. doi:10.1111/0162-895X.00237. JSTOR 3791925. (subscription required)
- Cooper, Robert W. (2011) . The Nuremberg Trial. London: Faber & Faber. ISBN 978-0-571-27273-0.
- Davidson, Eugene (1997) . The Trial of the Germans: An Account of the Twenty-Two Defendants Before the International Military Tribunal at Nuremberg. Columbia, MO: University of Missouri Press. ISBN 978-0-8262-1139-2.
- Davidson, Eugene (1999) . The Death and Life of Germany. Columbia, MO: University of Missouri Press. ISBN 978-0-8262-1249-8.
- Evans, Richard J. (2008). The Third Reich at War. London: Allen Lane. ISBN 978-0-7139-9742-2.
- Fichtelberg, Aaron (2009). "Fair Trials and International Courts: A critical evaluation of the Nuremberg legacy". Criminal Justice Ethics. 28 (1): 5–24. doi:10.1080/07311290902831268. ISSN 0731-129X.
- Gilbert, Gustave M. (1995) . Nuremberg Diary. Cambridge, MA: Da Capo Press. ISBN 978-0-306-80661-2.
- Goldensohn, Leon N. (2004). The Nuremberg Interviews: Conversations with the Defendants and Witnesses. New York, NY: Alfred A. Knopf. ISBN 978-0-375-41469-5.
- Harris, Whitney R. (2006). "Tyranny on Trial—Trial of Major German War Criminals at Nuremberg, 1945–1946". In Herbert R. Reginbogin; Christoph J. M. Safferling (eds.). The Nuremberg Trials: International Criminal Law Since 1945 / Die Nürnberger Prozesse: Völkerstrafrecht seit 1945. Berlin: Walter de Gruyter. pp. 106–114. ISBN 978-3-11-094484-6.
- Heller, Kevin Jon (2011). The Nuremberg Military Tribunals and the Origins of International Criminal Law. Oxford: Oxford University Press. ISBN 978-0-19-923233-8.
- Kochavi, Arieh J. (1998). Prelude to Nuremberg: Allied War Crimes Policy and the Question of Punishment. Chapel Hill, NC: University of North Carolina Press. ISBN 978-0-8078-2433-7.
- Lawrence, Geoffrey (1947). "The Nuremberg Trial". International Affairs. 23 (2): 151–159. doi:10.2307/3018884. JSTOR 3018884.(subscription required)
- Luban, David (1994). Legal Modernism: Law, Meaning, and Violence. Ann Arbor, MI: University of Michigan Press. ISBN 978-0-472-10380-5.
- MacLean, French L. (2013). The Fifth Field: The Story of the 96 American Soldiers Sentenced to Death and Executed in Europe and North Africa in World War II. Atglen, PA: Schiffer Publishing.
- Marrus, Michael R. (1997). "The Nuremberg Trial: Fifty Years After". The American Scholar. 66 (4): 563–570. JSTOR 41212687.(subscription required)
- Marrus, Michael R. "Three Roads From Nuremberg", Tablet magazine, Nov. 20, 2015.
- Mason, Alpheus Thomas (1968) . Harlan Fiske Stone: Pillar of the Law. Hamden, CT: Archon Books.
- Mettraux, Guénaël, ed. (2008). Perspectives on the Nuremberg Trial. Oxford: Oxford University Press. ISBN 978-0-19-923233-8.
- Neave, Airey (1978). Nuremberg: A Personal Record of the Trial of the Major Nazi War Criminals. Grafton Books.
- Overy, Richard (2001). Interrogations: The Nazi Elite in Allied Hands. London: Allen Lane. ISBN 978-0-7139-9350-9.
- Owen, James (2006). Nuremberg: Evil on Trial. London: Headline. ISBN 9780755315444.
- Parish, Matthew (2011). Mirages of International Justice: The Elusive Pursuit of a Transnational Legal Order. Edward Elgar Publishing. ISBN 9780857931184.
- Persico, Joseph E. (2000) . Nuremberg: Infamy on Trial. London: Penguin Books. ISBN 978-0-14-029815-4.
- Senarclens, Pierre de (1988). Yalta. New Brunswick, NJ: Transaction Publishers. ISBN 978-0-88738-152-2.
- Sereny, Gitta (1995), Albert Speer: His Battle with Truth, London: Macmillan, ISBN 978-0-333-64519-2
- Smith, Bradley F. (1977). Reaching Judgment at Nuremberg. Basic Books.
- Wright, Quincy (July 1946). "The Nuremberg Trial". Annals of the American Academy of Political and Social Science. 246: 72–80. doi:10.1177/000271624624600113. JSTOR 1025134. S2CID 143138559.(subscription required)
- Wright, Quincy (April 1948). "Legal Positivism and the Nuremberg Judgment". American Journal of International Law. 42 (2): 405–414. doi:10.2307/2193683. JSTOR 2193683.(subscription required)
- Zolo, Danilo (2009). Victors' Justice: From Nuremberg to Baghdad. New York & London: Verso Books. ISBN 978-1-84467-317-9.
Wikisource has original works on the topic: Nuremberg
- Documentary shown at the Nuremberg trial in November 1945 exhibiting the horrors of the concentration camps
- The Nuremberg Trials on the Yad Vashem website
- Official records of the Nuremberg trials (The Blue series) in 42 volumes from the records of the Library of congress
- Donovan Nuremberg Trials Collection Cornell Law Library
- Nuremberg Trials Project: A digital document collection Harvard Law School Library
- The Avalon Project
- Charter of the International Military Tribunal (Nuremberg trials)
- The Subsequent Nuremberg Trials
- Special focus on The trials – USHMM
- A Tree Fell in the Forest: The Nuremberg Judgments 60 Years On, JURIST
- Bringing a Nazi to justice: how I cross-examined 'fat boy' Göring, guardian.co.uk
- The Nuremberg Judgments, Chapter 6 from The High Cost of Vengeance, by Freda Utley, Henry Regnery Company, Chicago, (1948). Made available by "The Freda Utley Foundation"
- International Military Tribunal, Nuremberg trials transcripts and documentary evidence of German medical experiments in the commission of war crimes and crimes against humanity 1946–1947, United States National Library of Medicine
- "Nuremberg Trial Collection" The Northwestern University Special Collections archival collection amassed by Charles J. Gallagher, a court reporter at the trials.
- Works by Nuremberg trials at LibriVox (public domain audiobooks)
- William T. Murphy, "Nuremberg: A Definitive Survey of the Evidentiary Films," Film & History, 50:2 (Winter 2020), 3-19.
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