| International Military Tribunal | |
|---|---|
| Judges’ bench during the tribunal at the Palace of Justice in Nuremberg, Allied-occupied Germany | |
| Indictment | Conspiracy, crimes against peace, war crimes, crimes against humanity, mass murder, unethical human experimentation, false imprisonment, hate crimes |
| Started | 20 November 1945 |
| Decided | 1 October 1946 |
| Defendants | 24 (see list) |
| Witnesses | 37 prosecution, 83 defense |
| Case history | |
| Related actions | Subsequent Nuremberg trialsInternational Military Tribunal for the Far East |
| Court membership | |
| Judges sitting | Iona Nikitchenko (Soviet Union)Geoffrey Lawrence (UK)Francis Biddle (US)Donnedieu de Vabres (France)and deputies |
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 committing atrocities against their citizens in World War II.
Between 1939 and 1945, Nazi Germany invaded many countries across Europe, inflicting 27 million deaths in 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, 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 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 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 the United States against lower-level perpetrators and 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“.
Origin

Between 1939 and 1945, Nazi Germany invaded many European countries, including Poland, Denmark, Norway, 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 the perceived singularity of the systematic murder of millions of Jews.
In early 1942, representatives of nine governments-in-exile from German-occupied Europe issued a declaration to demand an international court to try the German crimes committed in occupied countries. The United States and United Kingdom refused to endorse this proposal, citing the failure of war crimes prosecutions following World War I. 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”.[9][10] On 1 November 1943, the Soviet Union, United Kingdom, and United States issued the Moscow Declaration, warning 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 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 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 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 the summary execution of Nazi leaders, citing the failure of trials following 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 the war in Europe.
Establishment
Nuremberg charter



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 offences that would be prosecuted were crimes against peace, crimes against humanity, and war crimes. At 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 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 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 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 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 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 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.
Judges and prosecutors
In early 1946, there were 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, 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 was appointed the United States’ chief prosecutor, whom historian Kim Christian Priemel described as “a versatile politician and a remarkable orator, if not a great legal thinker”. The United States prosecution believed 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 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), 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 the London Conference. The French government tried to appoint staff untainted 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, 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, 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 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.
Indictment

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 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 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: 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 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 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.
Defendants
Main article: List of defendants at the International Military Tribunal

Some of the most prominent Nazis—Adolf Hitler, Heinrich Himmler, and Joseph Goebbels—had committed suicide and therefore could not be tried. The prosecutors aimed to prosecute key leaders in German politics, business, and the military. Most of 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 the German economy, such as Gustav Krupp of the Krupp AG conglomerate, 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 and the main target of the trial[88]—Wilhelm Keitel, Alfred Jodl, Erich Raeder, and Karl Dönitz.[94] 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 the General Governorate of Poland; Hitler Youth leader Baldur von Schirach; Arthur Seyss-Inquart, Reich Commissioner for the Netherlands; and Ernst Kaltenbrunner, leader of Himmler’s Reich Security Main 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 the addition of new names, but was denied. 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 the court, claiming it did not have jurisdiction against the accused, but this motion was rejected. Defense lawyers saw themselves as acting on behalf of their clients and 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, 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 the entire German people.
Evidence

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 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 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, 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.[106] After 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.
Course of the trial
The International Military Tribunal began trial on 20 November 1945, after postponement requests from the Soviet prosecution, who wanted more time to prepare its case, were rejected. All defendants pleaded not guilty. Jackson made 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 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, 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.
American and British prosecution
Nazi Concentration and Prison Camps (1945)

On 21 November, Jackson gave 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, 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 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 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 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 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.












Image: A section of flooded British trench (© IWM E(AUS) 575)




