Nürnberger Prozesse : Völkerstrafrecht Seit 1945


Book Description

60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.




Reassessing the Nuremberg Military Tribunals


Book Description

For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial-the International Military Tribunal or IMT. The dominant interpretation-neatly summarized in the ubiquitous formula of "Subsequent Trials"-ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949. Kim C. Priemel is Assistant Professor of History at Humboldt University Berlin, Germany. Alexa Stiller is Research Associate at the Department of Modern History and Contemporary History, University of Berne, Switzerland.




The Nuremberg Trials: International Criminal Law Since 1945


Book Description

60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.







Soviet Judgment at Nuremberg


Book Description

Organized in the immediate aftermath of World War Two by the victorious Allies, the Nuremberg Trials were intended to hold the Nazis to account for their crimes — and to restore a sense of justice to a world devastated by violence. As Francine Hirsch reveals in this immersive, gripping, and ground-breaking book, a major piece of the Nuremberg story has routinely been omitted from standard accounts: the part the Soviet Union played in making the trials happen in the first place. Soviet Judgment at Nuremberg offers the first complete picture of the International Military Tribunal (IMT), including the many ironies brought to bear as the Soviets took their place among the countries of the prosecution in late 1945. Everyone knew that Stalin had allied with Hitler before the Nazi invasion of the Soviet Union in 1941. The Molotov-Ribbentrop Pact hung heavy over the courtroom, as did the suspicion that the Soviets had falsified evidence in an attempt to pin one of their own war crimes, the mass killing of Polish officers in the Katyn Forest, on the Nazis. Moreover, key members of the Soviet delegation, including the Soviet judge and chief prosecutor, had played critical roles in Stalin's infamous show trials of the 1930s. For the American prosecutor Robert H. Jackson and his colleagues in the British and French delegations, Soviet participation in the IMT undermined the credibility of the trials and indeed the moral righteousness of the Allied victory. Yet without the Soviets Nuremberg would never have taken place. Soviet jurists conceived of the legal framework that treated war as an international crime, giving the trials a legal basis. The Soviets had borne the brunt of the fighting against Germany, and their almost unimaginable suffering gave them moral authority. They would not be denied a place on the tribunal and moreover were determined to make the most of it. However, little went as the Soviets had planned. Stalin's efforts to steer the trials from afar backfired. Soviet war crimes were exposed in open court. As relations among the four countries of the prosecution foundered, Nuremberg turned from a court of justice to an early front of the Cold War. Hirsch's book provides a front-row seat in the Nuremberg courtroom, while also guiding readers behind the scenes to the meetings in which secrets were shared, strategies mapped, and alliances forged. Soviet Judgment at Nuremberg offers a startlingly new view of the IMT and a fresh perspective on the movement for international human rights that it helped launch.




A Modern History of German Criminal Law


Book Description

Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.




Hitler's war in the East, 1941-1945


Book Description




Atrocities on Trial


Book Description

These essays are organised into four sections, dealing with the history of war crime trials from Weimar Germany to just after World War II, the sometimes diverging Allied attempts to come to terms with the Nazi concentration camp system, the ability of postwar societies to confront war crimes of the past and the legacy of war crime trials.




The Institutionalization of the International Criminal Court


Book Description

This book explores the institution of the International Criminal Court (ICC) as a policy instrument. It argues that after the Cold War the European Union started challenging the unilateral policies of the United States by promoting new norms and institutions, such as the ICC. This development flies in the face of traditional explanations for cooperation, which would theorize institutionalization as the result of hegemonic preponderance, rational calculations or common identities. The book explains the dynamics behind the emergence of the ICC with a novel theoretical concept of normative binding. Normative binding is a strategy that provides middle powers with the means to tie down the unilateral policies of powerful actors that prefer not to cooperate. The idea is to promote new multilateral norms and deposit them in institutions, which have the potential to become binding even on unilateralist actors, if the majority of states adhere to them.




Lawfare


Book Description

One might ask why the Soviet Union so adamantly promoted the definition of aggression and aggressive war while, as many have noted, conducting military actions that appeared to violate the very definition they espoused in international treaties and conventions. Lawfare: Use of the Definition of Aggressive War by the Soviet and Russian Governments demonstrates that through the use of treaties the Soviet Union and Russian Federation practiced a program of “lawfare” long before the term became known. Lawfare, as applied in this work, is the manipulation or exploitation of the international legal system to supplement military and political objectives. This work is unique in that it not only traces the evolution of the definition of aggression and aggressive war from the Soviet and Russian Federation perspective, it looks at that progression both from the vantage point of leading edge legal legitimacy and its concurrent use as a means of lawfare to control other states legally, politically and equally as important, through the public media of propaganda.