One of the most vilified political parties in the history of mankind is the Nazis. They committed heinous acts against humanity. They were responsible for the murdering of millions of innocent peoples. They started the Holocaust, which was a mass genocide of Jews. They started a cataclysmic war which enveloped the entire world and caused the loss of a generation of young men. After the war was over and the regime toppled, there was still the question of what to do with the leaders of this calamitous campaign. It was clear that no ordinary trial would do the leaders justice. What ensued was the first modern war crimes trials.  

After World War Two was over, the top leaders of the Allied nations held meetings together to discuss the fate of the Nazis. Initially, everyone wanted to see the blood of Nazis spilled. Some thought that a lot of the "hardcore" Nazis should be put in death camps, just as the Nazis had done to Jews. Winston Churchill said that the Nazis should be "Hunted down and shot." Other nations such as the USSR pushed for mass executions as well. The US pushed for a trial to convict the Nazi officials. Eventually it was decided to have a Court to decide the fate of the Officials. The London charter created the rules for the tribunal. The officials were to be charged with, war crimes, crimes against humanity, and crimes against peace.

There were four prosecuting nations; France, England, The US, and the USSR. Only 24 of the most notorious top officials of the Nazi party were to be tried. Of that 24 only 21 eventually sat down in the trial. Labor leader Robert Ley hanged himself before the trial began. Gustav Krupp, the industrialist was concluded to be too frail to be tried. Another, Martin Bormann, Hitler's' personal secretary and one of the most powerful members of the Nazi party was never found. His remains were later found in Germany.  There were also indictments against various organizations of the Nazi party such as the SS and the Gestapo. The concept was to try them as an organization and determine what punishment should be dealt to the members. The legal question of how guilt by association can be determined was a problem. Later on it turned out that no one was punished only because they were part of the organization.

International Military Tribunal

Article 6.

The Tribunal established by the Agreement referred to Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, whether as individuals or as members of organizations, committed any of the following crimes.

The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:

(a) CRIMES AGAINST PEACE: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;

(b) WAR CRIMES: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;

(c)CRIMES AGAINST HUMANITY: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.

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.

 The positions of prosecutors and defendants had to be carefully selected, only the greatest lawyers, judges, and fiends were prosecuting or being tried.  The chief prosecutor was a very important position to fill.  Supreme court justice appointed by FDR Robert Jackson was to serve as the chief prosecutor.  Also Brigadier General Telford Taylor was part of the US prosecuting panel.  Out of the millions of Nazi involved in this pernicious regime a few men in high positions needed to be punished.  Hitler held the highest office yet he had committed suicide earlier to avoid punishment.  Next in command Hermann Goering was arrested and tried.  Joseph Goebbels, the leader of the Nazi Propaganda and founder of Der Angriff (The Attack) committed suicide before a chance at facing justice.  Yet another major Nazi officer who committed suicide before facing judgment was Heinrich Himmler, the head of the SS (Schutzstaffel, protective force).  Yet there were many more who could not escape the allies swift hand. Other people include Karl Donitz, head of German navy, Wilhelm Keitel, head of German Armed forces, and Alfred Jodl, the German chief of staff. 

 After the all evidence, defenses, and testimonies were given the sentences were handed down September 30, 1946. Twelve  Nazi officials were sentenced to be hanged, three sentenced to life in prison, four were given prison sentences of 10-20 years, three were acquitted.  The executions were set to begin October 16th, 1946.  Hermann Goring, the number two man of the Nazi hierarchy, was to be hanged first but he killed himself in his cell with a cyanide capsule.  Joachim von Ribbentrop, the foreign minister of the calamitous Nazi regime took his place. Repeated executions followed in the early morning hours of October 16th, 1946.  Each prisoner made brief remarks just before their executions, none repented, and one used a reference to Hitler.  Ribbentrop remained a stoic figure to the end and his final words shocked the audience.   "My last wish is that Germany realize its entity and that an understanding be reached between the East and the West. I wish peace to the world."  Julius Streicher made his appearance to the chamber of death at 2:12 AM.  As he climbed up to his certain fate he shouted out words that echo to this day.  "Purim Fest 1946."  Purim is a Jewish holiday perpetuating the execution of Haman, the ancient Jewish persecutor.

Brigadier-General Telford Taylor, a member of the US prosecution panel.

(http://motlc.wiesenthal.com/albums/palbum/p06/a0321p3.html)

Historians have a mixed view of Nuremberg.  Mostly they acclaimed the attempt of the Allies to establish some sort of international justice accounting for the atrocities committed by the Nazi faction.  Other historians argue against Nuremberg.  They feel it was a justice formulated by the victor's.  The accused men were charged with violating international law but these laws only pertain to country's and not individual people.  Many historians believe Nuremberg has yet to accomplish its promise, a permanent tribunal for war crimes.  Only recently with the creation of the UN's International Military Tribunal addressing the crimes of Rwanda and the old Yugoslavia has set the ideals of Nuremberg in motion.  It may have been an imperfect justice but it was better than what happened to Germany after WWI, which caused lesser bad feelings against the allied world.  No trial since Nuremberg provides a better understanding of human nature.  The founding of the IMT and the ensuing Nuremberg Trial has been the basis of modern military law which every country must abide by in order to keep peace.

 

The indictments of the Nuremberg Trials.

 (http://motlc.wiesenthal.com/albums/palbum/p06/a0321p3.html)

Bibliography

-Austin, Ben. The Nuremberg Trials: The Defendants and the Verdicts. 2001. http://www.mtsu.edu/~baustin/trials3.html (21 Nov. 2003)

-Bass, Jeffery. Thomas J Dodd Papers Guide. (1996)  http://www.lib.uconn.edu/online/research/speclib/ASC/dodpmain.htm#Outgoing

            (21 Nov. 2003)

-Harpster, Emily. Germany. (2003) http://socrates.berkeley.edu/~warcrime/

            (23 Nov 2003)

-Linder, Douglas. Nuremberg Trials. (2003)    http://www.law.umkc.edu/faculty/projects/ftrials/nuremberg/nuremberg.htm

            (22 Nov. 2003)

-Neave, Airey. On Trial at Nuremberg. Boston: Little, Brown and co., 1978.   

-Persico, Joseph. Nuremberg: Infamy on Trial. New York: Penguin books, 1994.

-Rice, Earl Jr. Nazi War Criminals. San Diego: Lucent Books, 1998.

-Shoenherr, Steve. Nuremberg War Crimes Trials. 2002.       http://history.acusd.edu/gen/WW2Timeline/nuremberg-trials.html (22 Nov. 2003)

-Smith, Bradley. Reaching Judgment at Nuremberg. New York: Basis Books, Inc. 1977.

-Yale Law School. The Nuremberg War Crimes Trials (2003)     http://www.yale.edu/lawweb/avalon/imt/imt.htm (20 Nov. 2003)