The Nuremberg Military Tribunals and the Origins of International Criminal Law

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9780199554317: The Nuremberg Military Tribunals and the Origins of International Criminal Law

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.

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About the Author:


Kevin Jon Heller is a Senior Lecturer at Melbourne Law School, where he teaches criminal law and international criminal law. He has a PhD in law from Leiden University, a JD from Stanford Law School, an MA in literature from Duke University, and an MA and BA in social and political theory from the New School for Social Research. His work has appeared in the European Journal of International Law, the American Journal of International Law, the Journal of International Criminal Justice, the Harvard International Law Journal, the Michigan Law Review, the Leiden Journal of International Law, and many others. He also co-edited the Handbook of Comparative Criminal Law, which was published by Stanford University Press in January 2011.  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. Most recently, he served as one of Radovan Karadzic's formally-appointed legal associates.

Review:


"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


"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


"Well-written, vigorously researched, and impressively ambitious in its scope, Heller's 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


"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 Heller's 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 liter

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Book Description Oxford University Press, United Kingdom, 2011. Hardback. Book Condition: New. Language: English . Brand New Book. 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. Bookseller Inventory # AAC9780199554317

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Book Description Oxford University Press, United Kingdom, 2011. Hardback. Book Condition: New. Language: English . Brand New Book. 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. Bookseller Inventory # AAC9780199554317

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Book Description Oxford University Press. Hardback. Book Condition: new. BRAND NEW, The Nuremberg Military Tribunals and the Origins of International Criminal Law, Kevin Jon Heller, 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. Bookseller Inventory # B9780199554317

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