Perspectives on the Nuremberg Trial

Criminal Law

Perspectives on the Nuremberg Trial

By Guenael Mettraux
Oxford University Press March 2008

Specifications

ISBN-13
9780199232345
Publisher
Oxford University Press
Publication
March 2008
Format
Paperback , 832 pages
Jurisdiction
International ? Countri(es) for reference only

Details

  • A unique collection of the most important academic studies of the Nuremberg Trial from a range of disciplinary perspectives, legal, political, historical and philosophical
  • Includes perspectives from German, Russian and French writers, available in English for the first time
  • Features new essays from Guenael Mettraux on the legacy of Nuremberg to international criminal justice and Mark Osiel on the role of law in overcoming mass atrocity
  • Includes an exhaustive bibliography of the literature on Nuremberg, and key primary documents including the Tribunal Charter and the General Assembly Resolution establishing the 'Nuremberg Principles'

The trial of major Nazi war criminals in Nuremberg was a landmark event in the development of modern international law, and continues to be highly influential in our understanding of international criminal law and post-conflict justice. This volume offers a unique collection of the most important essays written on the Trial, discussing the key legal, political and philosophical questions raised by the Trial both at the time and in historical perspective.



The collection focuses on pieces from those involved in the Tribunal, discussing the establishment of the Tribunal, the Trial itself, and the debate that followed the Judgment. Also included are representative essays of the academic debate that has surrounded Nuremberg in the sixty years since the Trial. Ranging from the contribution of Nuremberg to the substantive development of international criminal law to the philosophical evaluation of legalism in post-conflict international relations, the perspectives provided by the essays offer a unique overview of the persistent significance of Nuremberg across a range of academic disciplines.



The collection also features newly translated essays from key German, Russian, and French writers, available in English for the first time; a new essay by Guénaël Mettraux examining the Nuremberg legacy in contemporary international criminal justice; and an exhaustive bibliography of the literature on Nuremberg.

Readership: Academic and practising lawyers interested in international criminal law, historians of the Second World War, the Nazi regime, and the Nuremberg Trials, social and political philosophers interested in the theory of international criminal justice

Table of Contents

Foreword
I. Legal Perspectives
(a) Contemporaneous Views of the Trial and Judgement
(i) The Charter of the International Military Tribunal
1: Robert H. Jackson: The Challenge of International Lawlessness
2: Hersch Lauterpacht: The Law of Nations and the Punishment of War Crimes
3: Stefan Glaser: The Nuremberg Charter and New Principles of International Law
(ii) The Trial and the Judgment
4: Sheldon Glueck: The Nuremberg Trial and Aggressive War
5: Egon Schwelb: Crimes Against Humanity
6: Georg Schwarzenberger: The Judgment of Nuremberg
7: Jean Graven: International Justice and Reconciliation: Lessons of Nuremberg
8: Thomas J. Dodd: The Nuremberg Trials
9: Francis Biddle: The Nuremberg Trial
10: Henri Donnedieu de Vabres: The Nuremberg Trial before Modern Principles of International Criminal Law
11: Hans Kelsen: Will the Judgment in the Nuremberg Trial Constitute a Precedent in International Law?
12: Geoffrey Lawrence (Lord Oaksey): The Nuremberg Trial
13: Norman Birkett: International Legal Theories Evolved at Nuremberg
14: Herbert Wechsler: The Issues of the Nuremberg Trial
15: Quincy Wright: The Law of the Nuremberg Trial
16: Robert H. Jackson: Nuremberg in Retrospect: Legal Answer to International Lawlessness
17: Telford Taylor: The Nuremberg War Crimes Trials
18: H.-H. Jescheck: State Responsibility in International Criminal Law: A Study of the Nuremberg Trial
b) Historical Perspectives: The Nuremberg Legacy
19: Otto Kranzbuhler: Nuremberg Eighteen Years Afterwards
20: A. I. Poltorak: The Nuremberg Trials and the Question of Responsibility for Aggression
21: Bert V. A. Röling: The Nuremberg and the Tokyo Trials in Retrospect
22: Hans Laternser: Looking Back at the Nuremberg Trials with Special Consideration of the Processes Against Military Leaders
23: Matthew Lippman: Nuremberg: Forty-Five Years Later
24: I. A. Ledyah and I. I. Lukashuka: The Nuremberg Trial: The Law Against War and Fascism
25: Reinhard Merkel: The Law of the Nuremberg Trial
26: M. Cherif Bassiouni: The 'Nuremberg Legacy'
27: Guénaël Mettraux: Judicial Inheritance: The Value and Significance of the Nuremberg Trial to Contemporary War Crimes Trials
II. Political and Philosophical Perspectives
29: A. L. Goodhart: The Legality of the Nuremberg Trials
30: Karl Jaspers: The Question of German Guilt
31: Henry L. Stimson: The Nuremberg Trial: Landmark in Law
32: Robert H. Jackson: "Introduction", in Whitney R. Harris, Tyranny on Trial - The Evidence at Nuremberg
33: David Luban: The Legacies of Nuremberg
34: Mark Osiel: Mass Atrocity, Collective Memory, and the Law
III Bibliography
IV Annexes
St-James Declaration
Moscow Declaration
London Agreement
Charter of the International Military Tribunal
Rules of Procedure And Evidence
General Assembly Resolution 95(I) - Nuremberg Principles
Table of Charges and Verdicts
V Index

About the Author

Edited by Guénaël Mettraux, Defence Counsel, ICTY

Contributors:

Robert H. Jackson


Hersch Lauterpacht


Stefan Glaser


Sheldon Glueck


Egon Schwelb


Georg Schwarzenberger


Jean Graven


Thomas J. Dodd


Francis Biddle


Henri Donnedieu de Vabres


Hans Kelsen


Geoffrey Lawrence (Lord Oaksey)


Norman Birkett


Herbert Wechsler


Quincy Wright


Telford Taylor


H.-H. Jescheck


Otto Kranzbuhler


A. I. Poltorak


Bert V. A. Röling


G.N. Aleksandrow


Hans Laternser


Matthew Lippman


Reinhard Merkel


M. Cherif Bassiouni


Guénaël Mettraux


A. L. Goodhart


Karl Jaspers


Henry L. Stimson


Robert H. Jackson


Judith N. Shklar


David Luban


Mark Osiel

Reviews

"[A] valuable collection of commentaries...which thoroughly deserves to become a standard reference work on the trial." - Kirsten Sellars, Global Law Books

"[H]istorians and legal scholars alike will find Perspectives on the Nuremberg Trial to be a valuable reference...Mettraux's work here serves as a timely reminder of Nuremberg's place in the evolution of international criminal law." - Holocaust Studies

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