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Monday, November 22, 2010

The Nuremberg trials as precessor of the ICC

The International Criminal Court in The Hague would never have been set up if it weren't for the Nuremberg Trials. Luis Moreno-Ocampo, Chief prosecutor at the ICC, feels personally indebted to the tribunal established exactly 65 years ago to try senior Nazi figures. It was the birth of modern international law.

“What makes Nuremberg so important is the idea that the whole world is one society. That international law can enable us to defend human rights. This is the way we combat those responsible for the greatest possible crimes. That new idea guarantees society will continue to exist,” explains Professor Moreno-Ocampo in his office in The Hague.

Since Nuremberg, increasing numbers of people have dedicated their lives to the protection of victims. Putting international rules in place is also very important for the future. “No more indemnity from punishment,” he says.

Sinister

On 20 November 1945, at the start of the Nuremberg Trials, the chief prosecutor for the United States, Robert H. Jackson, stated: “What makes this inquest significant is that those prisoners represent sinister influence that will lurk in the world long after their bodies have returned to dust.”
Mr Jackson described it as an honour to open for the prosecution in the first trial concerning crimes against world peace. However, he also said he was conscious of the great responsibility which came with that honour
It was the first time ever that an international military tribunal had been set up to try people accused of war crimes. Initially, allied leaders, including Churchill, Roosevelt and Stalin, were decidedly not in favour of an international trial. They were more inclined to sanction the execution without trial of between 50,000 and 100,000 German officers.


Birthplace of Nazism

The plan for an international trial was put forward by US war secretary Henry Stimson. President Roosevelt's successor Harry Truman welcomed the idea. The tribunal only got started after intensive negotiations with the British, Russians and French. Nuremberg was chosen because it was seen as the birthplace of Nazism. It was the scene of mass Nazi rallies and was where the Nazi regime proclaimed its racist laws which stripped, for example, Jewish people of their civil rights.
All the top Nazi figures were indicted, except for Hitler and Goebbels who had both committed suicide. A total of 177 Nazis were tried at Nuremberg: 12 were given the death sentence, 10 of these were hanged. The other defendants were given sentences ranging from 10 years to life imprisonment. Three defendants were found not guilty.

Tomorrow: Arab NeoNazism and Antisemitisme in the 21th century

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