Nuremberg: Birth of International Law
Over 200 participants gathered today at Georgetown University Law Center in Washington, D.C. for an all-day program to commemorate the 60th anniversary of the military trials held at Nuremberg from 1945-1949. Nuremberg prosecutors Henry King, Benjamin Ferencz, and Whitney Harris told their gripping stories, capturing in detail the first trials in history for crimes against humanity. Nuremberg's precedent as the model for bringing individual perpetrators to justice was highlighted in context to current tribunals: the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the Special Court for Sierra Leone (SCSL), and the trial of Saddam Hussein. Are ad hoc tribunals established for a particular purpose sufficient to serve global justice? Does the world need a permanent International Criminal Court?
Why is Nuremberg an Important Milestone in International Law?Henry T. King, Jr., a Nuremberg Prosecutor, told the audience, "Nuremberg marked a beginning...Nuremberg was designed to replace the law of force with the force of law." (emphasis added).
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The International Military Tribunal, also known as the Nuremberg Court, and the twelve Nuremberg trials marked the first trials in history for prosecutions of individuals, rather than nation states, on crimes against global peace. Four powers - the United States, the United Kingdom, France, and the Soviet Union - participated and an additional twenty-three countries supported it. The accused were charged under the London Charter of the International Military Tribunal, which defined three types of crimes: crimes against peace, war crimes, and crimes against humanity. Twenty-four people and seven organizations were charged with the equivalent of genocide. All defendants pleaded "not guilty."
The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated. Innovations of Nuremberg Henry King spoke to three innovations of Nuremberg that served as the guiding principles adopted by future tribunals:
Henry King discussed the pros and cons of Nuremberg, and how these lessons can be applied to improve future tribunals and the International Criminal Court:
What Nuremberg did was to attack through a trial involving the leaders of a nation state the root causes of international misbehavior. It was designed to demonstrate to the world that there was, indeed a better way in which peace, justice, and security in the world could be secured by a rule of law.
Nuremberg introduced the concept that individuals and states were subject to international law - including the limitations on sovereignty. This was indeed a remarkable step forward in the world in which Nuremberg was created. Nuremberg in a true sense imposed limitations on national sovereignty, which had run wild after nation states had been freed from the Pope's domination under the Treaty of Westphalia of 1648. Under the principles of Nuremberg, neither nation states nor their leaders were permitted to be sole arbiters of their destiny. By limiting national sovereignty, Nuremberg bestowed on individuals specific rights and obligations that were transcendent over their parallel rights and responsibilities to their nation states. Nuremberg modernized the laws of war and created a denominator under which all citizens of the world could live and be judged. In so doing, Nuremberg launched the international human rights movement. Closing RemarksWhitney R. Harris, a Nuremberg prosecutor, concluded the day with powerful and dramatic descriptions of the atrocities, the challenges of the investigations, and the weighty responsibilities upon the judges and lawyers to ensure fair and legitimate trials. He spoke with an immeasurable sense of hope for future generations and for a world where justice is based on law, not force. The crowd provided a standing ovation of several minutes.
"Because of Nuremberg - and the effort which it represents of man's attempt to elevate justice and law over inhumanity and war - there is hope for a better tomorrow." - Whitney Harris
Pictured left to right:
Michael H. Byowitz, Chair, ABA Section of International Law David Crane, former Chief Prosecutor, Special Court for Sierra Leone Whitney Harris, Nuremberg Prosecutor Unidentified Afternoon SessionsIn the near future, I'll also post notes from the afternoon sessions on the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the Special Court for Sierra Leone (SCSL), and the trial of Saddam Hussein. Are ad hoc tribunals established for a particular purpose sufficient to serve global justice? Does the world need a permanent International Criminal Court?I missed the luncheon keynote by Robert Drinan because I was taking a final examination. About the ProgramC-SPAN3 recorded the event. An edited video will feature select speeches and will be available widely from the American Bar Association. The program was co-sponsored by the ABA Section of International Law, the Robert H. Jackson Center, and the Washington Foreign Law Society.Historical RecordsThe Robert H. Jackson Center is dedicated to preserving the memory of the Nuremberg Trials. The Center needs donations of transcripts, videos, and books for the archives and for the exhibit rooms. Financial contributions to the Center are also needed and serve to underwrite improvements and continued educational programming.Resources
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