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The Nuremberg Military Tribunals and the Origins of International Criminal Law
Kevin Jon Heller
528 pages
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234x156mm
978-0-19-955431-7
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Hardback
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23 June 2011
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This item is temporarily out of stock, but may be ordered now for delivery when back in stock.
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- First book to provide a comprehensive and structured overview of all twelve trials of the Nuremberg Military Tribunals
- Important analysis of how the jurisprudence of these Tribunals has shaped the development of international criminal law and how it remains relevant today
- Based on extensive archival research, citing many little-known records and transcripts
This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International
Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'.
The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis
of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.
Readership: Scholars and post-graduate students of international criminal law, war studies, and the aftermath of WWII
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Kevin Jon Heller, Senior Lecturer, Melbourne Law School Kevin Jon Heller is a Senior Lecturer at Melbourne Law School, where he teaches criminal law and international criminal law. He has a JD from Stanford Law School, an MA in literature from Duke University, an MA and BA in social and political theory from the New School for Social Research, all with honors and a PhD from Leiden University. His work has appeared in the European Journal of International Law, the American Journal of International Law, the Journal of International Criminal Justice, the Michigan Law Review, the Leiden Journal of International Law, and many others. On the practical side, Kevin has been involved in the International
Criminal Court's negotiations over the crime of aggression, served as Human Rights Watch's external legal advisor on the trial of Saddam Hussein, and has consulted with the defense in a number of cases at the ICTY and ICTR.
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"From the inclusion of women prosecutors, to discussion of the best means to legally represent the Holocaust, to policy-making which saw the convicts released within only ten years Heller has provided a wealth of detail and a valuable starting-point for further thought and research...to be primarily recommended as a text for practitioners specialised in this area." - Tara O'Leary, London School of Economics Review of Books "Kevin Heller's book...makes a significant and much needed contribution to the field of international criminal law, which generally suffers from an absence of adequate historical literature." - Cecily Rose, BYIL. "Well-written, vigorously researched, and impressively ambitious in
its scope, Hellers book makes an important case for a proposition that I take to be correct: in important respects the NMT program, more than the IMT, anticipated, if not paved the way to, more recent developments in international criminal law." - Lawrence Douglas, Holocaust Genocide Studies "...the book provides an unquestionably original appraisal of the NMT, filling a clear gap in the current literature. In doing so it provides both a useful starting point for students of international criminal law and an incredibly valuable contribution to scholars currently immersed in the area." - Nicola Palmer, European Human Rights Law Review "Scholarly interest in these tribunals has been relatively limited, and Heller seeks to address this gap
by producing the most extensive and authoritative text on the tribunals to date." - Sara Kendall, Melbourne Journal of International Law "Kevin Hellers magisterial survey of the Nuremberg Military Tribunals offers the first comprehensive account of the trials, as well as an insightful analysis of the tribunals' jurisprudence and legal basis." - Devin O. Pendas, International and Comparative Law Quarterly "Kevin Jon Heller is a first-rate legal analyst, a fine historian, an expert on international criminal law, and a lucid writer. This timely book will interest anyone who cares about the law's effort to confront radical evil. Those interested in professional and business ethics should find it equally absorbing. It fills a major gap in
our historical understanding, and explores doctrines at the cutting edge of today's international tribunals." - David Luban, University Professor in Law and Philosophy, Georgetown University Law Center "A thorough and nuanced account of the history and legacy of Control Council Law No. 10 Trials in the U.S. occupation zone which is long overdue in the contemporary literature on international criminal justice" - Professor Dr Carsten Stahn, Chair of International Criminal Law and Global Justice; Programme Director, Grotius Centre for International Legal Studies, The Hague "Readers of The Nuremberg Military Tribunals are in Heller's debt. He has rescued the NMT trials from the relative obscurity in which they have languished for many
years. This book brings the subsequent trials out from the shadows of the IMT and for that we should be grateful...The effort of synthesizing tens of thousands of pages of trial transcripts, evidential material, autobiographical accounts and judicial decisions deserves our plaudits." - David Fraser, Oxford Journal of Legal Studies "Heller's work provides an excellent basis for a thorough and accurate understanding of the NMT trials." - Roger L. Phillips, Journal of International Criminal Justice "...an extremely thorough and thoughtful study." - Rainer Huhle, Nürnberger Menschenrechtszentrum "Well-written, vigorously researched, and impressively ambitious." - Lawrence Douglas, Holocaust and Genocide
Studies
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Introduction
1: The Origins of the Zonal Trials
2: The OCC and the Tribunals
3: The Evolution of the Trial Program
4: The Trials
5: Jurisdiction and Legal Character of the Tribunals
6: Evidence
7: Procedure
8: Crimes Against Peace
9: War Crimes
10: Crimes Against Humanity
11: Modes of Participation
12: Conspiracy, Common Plan, and Criminal Membership
13: Defenses
14: Sentencing
15: Aftermath
16: Legacy
Conclusion
Appendix A: Table of Defendants, Charges, Verdicts, and Sentences
Appendix B: The London Charter
Appendix C: Law No. 10
Appendix D: Military Ordinance No. 7
Appendix E: Uniform Rules of Procedure
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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