Justice Beyond Borders: The Nuremberg Trials and Prosecution for Modern War Crimes

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Commander of the Luftwaffe Hermann Göring during cross examination at his trial for war crimes, Nuremberg, Germany, 1946. (Raymond D’Addario/Galerie Bilderwelt/Getty Images)

Hissène Habré, the former President of Chad, was convicted in 2016 for crimes against humanity, war crimes and torture. He alone was responsible for the death of over 40,000 people, from various ethnic minorities. His successful persecution would not have been possible without the groundbreaking legacy of the Nuremberg Trials, which set the stage for holding war criminals accountable and recognized the need to punish them.

The Second World War unveiled the depths of human depravity,with countless instances of what are now recognized as ‘crimes against humanity’. Perhaps the most unspeakable of horrors was the Holocaust, which saw the genocide of millions of Jews. The brutal mass extermination perpetuated by Nazi Germany is a crime beyond a normal courtroom’s comprehension. Nevertheless, it is a crime. Indisputably. 

Between November 20, 1945, and October 1, 1946, the Allied powers of the Second World War came together to prosecute prominent Nazi leaders for war crimes, genocide, and crimes against humanity in what is known as the Nuremberg Trials. These trials ensured that Nazis would go down in history as perpetrators of profound evil and it would set precedents for international law and the concept of individual accountability for state-sponsored atrocities.

The trial was conducted over the course of 10 months, with the participation of nine judges, including the Presiding Judge of the International Military Tribunal (IMT). The prosecution team comprised of Chief Prosecutors from Britain and the United States, alongside two prosecutors representing France and the Soviet Union. Notable defendants included Julius Streicher, publisher of the anti-Semitic newspaper Der Stürmer, and Wilhelm Keitel, Chief of the Oberkommando der Wehrmacht (OKW), the supreme military command and control office of Nazi Germany during the war.

Of the 24 surviving Nazi officials, 12 were sentenced to death, 3 received life sentences, several were imprisoned for terms ranging from 10 to 20 years, and three were acquitted due to a lack of evidence. More than the penalties themselves, the successful prosecution of these officials solidified justice’s stance against Nazi Germany.

The principles of international justice and human rights that continue to shape global legislation show the continuing relevance of the Nuremberg Trials. These trials set a precedent for prosecuting war crimes, laying the groundwork for modern institutions like the International Criminal Court (ICC). Among  the legal precedents established by the Nuremberg Trials is the concept of Universal Jurisdiction, which allows states to prosecute individuals for serious crimes regardless of where they were committed, and the rejection of ‘just following orders’ as a defense for war crimes. These precedents not only shape rulings in international law but also help  define terms like ‘war crimes’ better, making it easier to hold perpetrators to account.

However, despite the fact that the Nuremberg trials have helped dramatically in the framing of international laws and regulations, it is important to recognize that perpetrators of war crimes continue to evade justice. Despite the persecution of the Rohingyas in Myanmar being widely condemned as ethnic cleansing and even genocide, geopolitical interests have blocked resolutions holding anyone accountable. 

While the legal principles established at Nuremberg continue to be relevant today, the international legal system is still flawed. It is vital to recognize the legal back-bone behind conflict resolution that must be strengthened over time to ensure accountability for crimes against humanity. 

Written by Ananya Nambiar

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