Anthony Kauders
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198206316
- eISBN:
- 9780191677076
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206316.001.0001
- Subject:
- History, European Modern History
This book is a scholarly reassessment of the ‘Jewish Question’ in Germany (1910–1933). It challenges the view that, following Hitler's rise to power, anti-Semitism radically increased among the ...
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This book is a scholarly reassessment of the ‘Jewish Question’ in Germany (1910–1933). It challenges the view that, following Hitler's rise to power, anti-Semitism radically increased among the majority of Germans. It argues that the Weimar Republic was also very influential in changing people's attitudes towards the Jews and their place in German society. Through a study of Düsseldorf and Nuremberg, two German cities of comparable size but disparate regional, religious, and economic characteristics, it explores the attitudes of journalists, politicians, clerics, and ordinary people. Using local and national archival material, the book is able to show that, whereas before the First World War most Germans would distance themselves from racial anti-Semitism, after 1918 many Germans agreed with völkisch agitators that Jews were, in a variety of ways, alien to the national community.Less
This book is a scholarly reassessment of the ‘Jewish Question’ in Germany (1910–1933). It challenges the view that, following Hitler's rise to power, anti-Semitism radically increased among the majority of Germans. It argues that the Weimar Republic was also very influential in changing people's attitudes towards the Jews and their place in German society. Through a study of Düsseldorf and Nuremberg, two German cities of comparable size but disparate regional, religious, and economic characteristics, it explores the attitudes of journalists, politicians, clerics, and ordinary people. Using local and national archival material, the book is able to show that, whereas before the First World War most Germans would distance themselves from racial anti-Semitism, after 1918 many Germans agreed with völkisch agitators that Jews were, in a variety of ways, alien to the national community.
Michael Banton
- Published in print:
- 1996
- Published Online:
- November 2003
- ISBN:
- 9780198280613
- eISBN:
- 9780191598760
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280610.003.0002
- Subject:
- Political Science, International Relations and Politics
Action after World War I led to the creation of the League of Nations. During World War II, a War Crimes Commission was set up, which led to the proceedings before the Nuremberg Tribunal. The ...
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Action after World War I led to the creation of the League of Nations. During World War II, a War Crimes Commission was set up, which led to the proceedings before the Nuremberg Tribunal. The Tribunal's judgement was a foundation for the development of international human rights law by the UN.Less
Action after World War I led to the creation of the League of Nations. During World War II, a War Crimes Commission was set up, which led to the proceedings before the Nuremberg Tribunal. The Tribunal's judgement was a foundation for the development of international human rights law by the UN.
Adil E. Shamoo and David B. Resnik
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195368246
- eISBN:
- 9780199867615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195368246.003.0012
- Subject:
- Biology, Disease Ecology / Epidemiology, Biochemistry / Molecular Biology
This chapter discusses the history of human experimentation, with special attention to cases that have helped to shape ethical guidelines and policies. It discusses important codes, such as the ...
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This chapter discusses the history of human experimentation, with special attention to cases that have helped to shape ethical guidelines and policies. It discusses important codes, such as the Nuremberg Code and the Declaration of Helsinki, and it provides an overview of U.S. federal regulations. The chapter also addresses some key concepts and principles in human research, such as informed consent, risk/benefit ratios, minimal risk, and research versus therapy.Less
This chapter discusses the history of human experimentation, with special attention to cases that have helped to shape ethical guidelines and policies. It discusses important codes, such as the Nuremberg Code and the Declaration of Helsinki, and it provides an overview of U.S. federal regulations. The chapter also addresses some key concepts and principles in human research, such as informed consent, risk/benefit ratios, minimal risk, and research versus therapy.
Geoffrey Blest
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780198206996
- eISBN:
- 9780191677427
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206996.003.0004
- Subject:
- History, Military History
This chapter discusses the systematic review of the Geneva side of the law which issued in the four Geneva Conventions of the summer of 1949. It notes that the review is discreetly orchestrated by ...
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This chapter discusses the systematic review of the Geneva side of the law which issued in the four Geneva Conventions of the summer of 1949. It notes that the review is discreetly orchestrated by the International Committee of the Red Cross and confined within what that body understood to be its prudent limits. It further notes that this review is so long-drawn-out and so undramatic that it attracted hardly any public attention, yet some of its debates and achievements would have profoundly interested the more reflective members of the public. It compares the ‘Nuremberg’ and ‘Tokyo’ stories which attracted great publicity from the outset, and have not ceased to engage historians' attention. In this chapter the author tells the ‘Geneva’ story more amply and historically, since it has scarcely been told except by lawyers to lawyers for their own professional interest and purposes.Less
This chapter discusses the systematic review of the Geneva side of the law which issued in the four Geneva Conventions of the summer of 1949. It notes that the review is discreetly orchestrated by the International Committee of the Red Cross and confined within what that body understood to be its prudent limits. It further notes that this review is so long-drawn-out and so undramatic that it attracted hardly any public attention, yet some of its debates and achievements would have profoundly interested the more reflective members of the public. It compares the ‘Nuremberg’ and ‘Tokyo’ stories which attracted great publicity from the outset, and have not ceased to engage historians' attention. In this chapter the author tells the ‘Geneva’ story more amply and historically, since it has scarcely been told except by lawyers to lawyers for their own professional interest and purposes.
Geoffrey Blest
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780198206996
- eISBN:
- 9780191677427
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206996.003.0006
- Subject:
- History, Military History
This chapter discusses the contributions of the international Courts in relation to the clarification and development of the law of war with the possible exception of the Nuremberg Principles. It ...
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This chapter discusses the contributions of the international Courts in relation to the clarification and development of the law of war with the possible exception of the Nuremberg Principles. It explains that the Nuremberg Principles originated in a Resolution of the General Assembly (Resolution 95, adopted on 11 November 1946). It notes that the resolution is reaffirmed in some fashion by the UN's International Law Commission in mid-1950. It clarifies that the GA's unanimous vote ‘indicated subscription by a large number of States to the substantive law of war crimes, including the principle of individual criminal responsibility, and to the lawful exercise of criminal jurisdiction over such individuals’. It emphasizes that in the International Military tribunals known to history as the Nuremberg and Tokyo trials, defendants were also tried for other alleged offences. It stresses the importance of determining the relationship of those other offences with the law of war.Less
This chapter discusses the contributions of the international Courts in relation to the clarification and development of the law of war with the possible exception of the Nuremberg Principles. It explains that the Nuremberg Principles originated in a Resolution of the General Assembly (Resolution 95, adopted on 11 November 1946). It notes that the resolution is reaffirmed in some fashion by the UN's International Law Commission in mid-1950. It clarifies that the GA's unanimous vote ‘indicated subscription by a large number of States to the substantive law of war crimes, including the principle of individual criminal responsibility, and to the lawful exercise of criminal jurisdiction over such individuals’. It emphasizes that in the International Military tribunals known to history as the Nuremberg and Tokyo trials, defendants were also tried for other alleged offences. It stresses the importance of determining the relationship of those other offences with the law of war.
Onora O'Neill
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195325195
- eISBN:
- 9780199776412
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195325195.003.0007
- Subject:
- Philosophy, Moral Philosophy, General
Contemporary work on research ethics often points to Nazi inhumanity and abuse of research subjects as a prelude to arguing that research on human subjects requires their fully informed consent. By ...
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Contemporary work on research ethics often points to Nazi inhumanity and abuse of research subjects as a prelude to arguing that research on human subjects requires their fully informed consent. By contrast, the Nuremberg Code of 1947 demanded more robustly that fundamental obligations not to force, deceive, or use duress be respected, in order to ensure that research participation would be voluntary. Subsequent codes, such as the Declaration of Helsinki, set more exacting regulatory requirements aimed at securing highly specific and explicit consent. This supposed improvement may be neither feasible nor ethically superior.Less
Contemporary work on research ethics often points to Nazi inhumanity and abuse of research subjects as a prelude to arguing that research on human subjects requires their fully informed consent. By contrast, the Nuremberg Code of 1947 demanded more robustly that fundamental obligations not to force, deceive, or use duress be respected, in order to ensure that research participation would be voluntary. Subsequent codes, such as the Declaration of Helsinki, set more exacting regulatory requirements aimed at securing highly specific and explicit consent. This supposed improvement may be neither feasible nor ethically superior.
Harold James
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691153407
- eISBN:
- 9781400841868
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691153407.003.0007
- Subject:
- History, European Modern History
This chapter debunks the myth that Krupp had been a driving force behind the high-level making of Nazi policy, rather than a participant in a massive web of ideologically driven immorality. It ...
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This chapter debunks the myth that Krupp had been a driving force behind the high-level making of Nazi policy, rather than a participant in a massive web of ideologically driven immorality. It examines the Nuremberg trial of the Krupp directors, considering the issue of the extent to which businessmen had choices or a freedom to maneuver in the Nazi era. Furthermore, though the prospect of rearmament was an issue within the company, the chapter argues that the rise and fall of profitability did not correspond directly to the political stance of the company, its owners, and its management. Financial incentives alone did not determine the political orientation of the Krupp business, particularly as the company soon found itself embroiled in the Nazis' politics and the Second World War loomed over the horizon.Less
This chapter debunks the myth that Krupp had been a driving force behind the high-level making of Nazi policy, rather than a participant in a massive web of ideologically driven immorality. It examines the Nuremberg trial of the Krupp directors, considering the issue of the extent to which businessmen had choices or a freedom to maneuver in the Nazi era. Furthermore, though the prospect of rearmament was an issue within the company, the chapter argues that the rise and fall of profitability did not correspond directly to the political stance of the company, its owners, and its management. Financial incentives alone did not determine the political orientation of the Krupp business, particularly as the company soon found itself embroiled in the Nazis' politics and the Second World War loomed over the horizon.
Dr. David Nersessian
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199588909
- eISBN:
- 9780191594557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588909.003.0002
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter details the rapid development of genocide from an academic concept to a substantive international crime. It provides a brief overview of the etymology of the term ‘genocide’ following ...
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This chapter details the rapid development of genocide from an academic concept to a substantive international crime. It provides a brief overview of the etymology of the term ‘genocide’ following its first usage by Professor Raphael Lemkin in 1944 to describe Nazi atrocities during World War II. It details the early usages of the concept in subsequent criminal trials of Nazi offenders, as well as the definition of genocide in the 1948 Genocide Convention. It also discusses the critical (and controversial) decision of the Convention's drafters to exclude political groups, thereby limiting the Convention to national, ethnic, racial, and religious collectives. Acts intended physically or biologically to destroy these four groups thus are condemned as ‘genocide’, whereas the identical criminal conduct—directed instead at other human collectives—is not.Less
This chapter details the rapid development of genocide from an academic concept to a substantive international crime. It provides a brief overview of the etymology of the term ‘genocide’ following its first usage by Professor Raphael Lemkin in 1944 to describe Nazi atrocities during World War II. It details the early usages of the concept in subsequent criminal trials of Nazi offenders, as well as the definition of genocide in the 1948 Genocide Convention. It also discusses the critical (and controversial) decision of the Convention's drafters to exclude political groups, thereby limiting the Convention to national, ethnic, racial, and religious collectives. Acts intended physically or biologically to destroy these four groups thus are condemned as ‘genocide’, whereas the identical criminal conduct—directed instead at other human collectives—is not.
Donald Bloxham
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780198208723
- eISBN:
- 9780191717017
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208723.003.0002
- Subject:
- History, European Modern History
This chapter studies the prosecution of prominent war criminals within the context of the broader trial policy of the British and Americans. It brings out the distinctly American flavour of the ...
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This chapter studies the prosecution of prominent war criminals within the context of the broader trial policy of the British and Americans. It brings out the distinctly American flavour of the International Military Tribunal (IMT) concept, particularly the controversial strategy employed to ensnare the diverse individuals and organizations brought to trial and simultaneously to scrutinize the history of Nazism. The chapter proceeds to examine the interrelationship of trial strategy and broader political aims and influences, and the way in which these combined to shape the subsequent Nuremberg programme. Alongside this analysis, it considers the course of the British Royal Warrant trial series and how that defined itself in regard to further prosecutions of ‘major’ and other important war criminals.Less
This chapter studies the prosecution of prominent war criminals within the context of the broader trial policy of the British and Americans. It brings out the distinctly American flavour of the International Military Tribunal (IMT) concept, particularly the controversial strategy employed to ensnare the diverse individuals and organizations brought to trial and simultaneously to scrutinize the history of Nazism. The chapter proceeds to examine the interrelationship of trial strategy and broader political aims and influences, and the way in which these combined to shape the subsequent Nuremberg programme. Alongside this analysis, it considers the course of the British Royal Warrant trial series and how that defined itself in regard to further prosecutions of ‘major’ and other important war criminals.
Donald Bloxham
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780198208723
- eISBN:
- 9780191717017
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208723.003.0007
- Subject:
- History, European Modern History
This chapter presents some concluding thoughts from the author. It argues that a mixture of structural limitation and judicial assumption characterized the judgement on the Einsatzgruppen leaders and ...
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This chapter presents some concluding thoughts from the author. It argues that a mixture of structural limitation and judicial assumption characterized the judgement on the Einsatzgruppen leaders and the ‘Nuremberg’ depiction of the Nazi state as a whole. The evidence pointed to a staggering number of deaths and broad complicity. Some of the guilty men stood in the dock, clearly linked to mass murder by the documentation to hand. The racist motivation seemed obvious, and as Nazism had been an authoritarian/totalitarian system, it was also assumed that, as some of the defendants pleaded, superior orders were the be-all and end-all of policy implementation. The legal process did not demand that anyone read between the lines of the documents to discern that complicity was even broader than it appeared, and stemmed from many different roots. Nor did it require that the defences of the accused be broken down to find that not every murder had been ordered from Berlin, and that alongside broad genocidal directives killing policy could develop incrementally and locally, and sometimes inconsistently.Less
This chapter presents some concluding thoughts from the author. It argues that a mixture of structural limitation and judicial assumption characterized the judgement on the Einsatzgruppen leaders and the ‘Nuremberg’ depiction of the Nazi state as a whole. The evidence pointed to a staggering number of deaths and broad complicity. Some of the guilty men stood in the dock, clearly linked to mass murder by the documentation to hand. The racist motivation seemed obvious, and as Nazism had been an authoritarian/totalitarian system, it was also assumed that, as some of the defendants pleaded, superior orders were the be-all and end-all of policy implementation. The legal process did not demand that anyone read between the lines of the documents to discern that complicity was even broader than it appeared, and stemmed from many different roots. Nor did it require that the defences of the accused be broken down to find that not every murder had been ordered from Berlin, and that alongside broad genocidal directives killing policy could develop incrementally and locally, and sometimes inconsistently.
Seyla Benhabib
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780691167251
- eISBN:
- 9780691184234
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691167251.003.0007
- Subject:
- Philosophy, Political Philosophy
This chapter begins by analyzing Judith Shklar's early book, Legalism. An Essay on Law, Morals and Politics, in which she distinguishes among aspects of legalism as ideology, as creative policy, and ...
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This chapter begins by analyzing Judith Shklar's early book, Legalism. An Essay on Law, Morals and Politics, in which she distinguishes among aspects of legalism as ideology, as creative policy, and as an ethos of the law. Shklar was unable to explain how these various dimensions of legalism could be reconciled plausibly with one another. Furthermore, while her critique of criminal international law is being revived today in the name of a certain skepticism toward institutions of international law, this critique needs to be balanced against her full-throated defense of the legitimacy of the Nuremberg trials. The final part of this chapter presents the complicated relationship of law and politics in Hannah Arendt's and Shklar's works.Less
This chapter begins by analyzing Judith Shklar's early book, Legalism. An Essay on Law, Morals and Politics, in which she distinguishes among aspects of legalism as ideology, as creative policy, and as an ethos of the law. Shklar was unable to explain how these various dimensions of legalism could be reconciled plausibly with one another. Furthermore, while her critique of criminal international law is being revived today in the name of a certain skepticism toward institutions of international law, this critique needs to be balanced against her full-throated defense of the legitimacy of the Nuremberg trials. The final part of this chapter presents the complicated relationship of law and politics in Hannah Arendt's and Shklar's works.
Jann K. Kleffner
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199238453
- eISBN:
- 9780191716744
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199238453.003.0003
- Subject:
- Law, Public International Law
This chapter places complementarity into the broader context of allocating the respective competences of international and domestic courts and tribunals. It traces the emergence of complementarity in ...
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This chapter places complementarity into the broader context of allocating the respective competences of international and domestic courts and tribunals. It traces the emergence of complementarity in the negotiations leading up to the adoption of the Rome Statute. This drafting history reveals that the relationship between the ICC and national criminal jurisdictions was a recurring phenomenon of fundamental importance. Agreement was reached at an early stage on the generic idea that national suppression should be the first line of defence in the fight against impunity, while the Court should fill the gaps left by ineffective national criminal jurisdictions. Yet the details of regulating complementarity proved contentious. States regarded complementarity as the core avenue to reconcile their concerns about their sovereignty with the establishment of an international criminal court. The detailed rules on complementarity thus assumed a vital role in making the Statute as widely acceptable to States as possible.Less
This chapter places complementarity into the broader context of allocating the respective competences of international and domestic courts and tribunals. It traces the emergence of complementarity in the negotiations leading up to the adoption of the Rome Statute. This drafting history reveals that the relationship between the ICC and national criminal jurisdictions was a recurring phenomenon of fundamental importance. Agreement was reached at an early stage on the generic idea that national suppression should be the first line of defence in the fight against impunity, while the Court should fill the gaps left by ineffective national criminal jurisdictions. Yet the details of regulating complementarity proved contentious. States regarded complementarity as the core avenue to reconcile their concerns about their sovereignty with the establishment of an international criminal court. The detailed rules on complementarity thus assumed a vital role in making the Statute as widely acceptable to States as possible.
Valerie Hartouni
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814738498
- eISBN:
- 9780814738993
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814738498.001.0001
- Subject:
- Society and Culture, Media Studies
This book takes Hannah Arendt's provocative and polarizing account of the 1961 trial of Nazi official Adolf Eichmann as its point of departure for reassessing some of the serviceable myths that have ...
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This book takes Hannah Arendt's provocative and polarizing account of the 1961 trial of Nazi official Adolf Eichmann as its point of departure for reassessing some of the serviceable myths that have come to shape and limit our understanding both of the Nazi genocide and totalitarianism's broader, constitutive, and recurrent features. These myths are inextricably tied to and reinforced viscerally by the atrocity imagery that emerged with the liberation of the concentration camps at the war's end and played an especially important, evidentiary role in the postwar trials of perpetrators. At the 1945 Nuremberg Tribunal, particular practices of looking and seeing were first established with respect to these images that were later reinforced and institutionalized through Eichmann's trial in Jerusalem as simply part of the fabric of historical fact. They have come to constitute a certain visual rhetoric that now circumscribes the moral and political fields and powerfully assists in contemporary mythmaking about how we know genocide and what is permitted to count as such. In contrast, Arendt's claims about the “banality of evil” work to disrupt this visual rhetoric. More significantly still, they direct our attention well beyond the figure of Eichmann to a world organized now as then by practices and processes that while designed to sustain and even enhance life work as well to efface it.Less
This book takes Hannah Arendt's provocative and polarizing account of the 1961 trial of Nazi official Adolf Eichmann as its point of departure for reassessing some of the serviceable myths that have come to shape and limit our understanding both of the Nazi genocide and totalitarianism's broader, constitutive, and recurrent features. These myths are inextricably tied to and reinforced viscerally by the atrocity imagery that emerged with the liberation of the concentration camps at the war's end and played an especially important, evidentiary role in the postwar trials of perpetrators. At the 1945 Nuremberg Tribunal, particular practices of looking and seeing were first established with respect to these images that were later reinforced and institutionalized through Eichmann's trial in Jerusalem as simply part of the fabric of historical fact. They have come to constitute a certain visual rhetoric that now circumscribes the moral and political fields and powerfully assists in contemporary mythmaking about how we know genocide and what is permitted to count as such. In contrast, Arendt's claims about the “banality of evil” work to disrupt this visual rhetoric. More significantly still, they direct our attention well beyond the figure of Eichmann to a world organized now as then by practices and processes that while designed to sustain and even enhance life work as well to efface it.
Richard Landes
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199753598
- eISBN:
- 9780199897445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199753598.003.0012
- Subject:
- Religion, World Religions
This chapter traces the millennial dimensions of Hitler's career and his attempt to inaugurate the Tausendjähriges Reich. It shows how Hitler inserted himself into earlier German messianic traditions ...
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This chapter traces the millennial dimensions of Hitler's career and his attempt to inaugurate the Tausendjähriges Reich. It shows how Hitler inserted himself into earlier German messianic traditions around a Führer who would save the German people in a time of total catastrophe;how he linked them to the racist, millennial ideology of the Ariosophists; and how, once in power, he exploited modern technology to create a mass movement that swept up a nation in millennial enthusiasm (Nüremberg Rallies). Hitler's genocidal anti-Semitism appears as a form of hard zero-sum millennial competition between two “chosen people.”Less
This chapter traces the millennial dimensions of Hitler's career and his attempt to inaugurate the Tausendjähriges Reich. It shows how Hitler inserted himself into earlier German messianic traditions around a Führer who would save the German people in a time of total catastrophe;how he linked them to the racist, millennial ideology of the Ariosophists; and how, once in power, he exploited modern technology to create a mass movement that swept up a nation in millennial enthusiasm (Nüremberg Rallies). Hitler's genocidal anti-Semitism appears as a form of hard zero-sum millennial competition between two “chosen people.”
Vesselin Popovski
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199781577
- eISBN:
- 9780199932887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199781577.003.0013
- Subject:
- Political Science, International Relations and Politics
This chapter examines the evolution of international criminal justice, from the earliest known tribunal to the International Criminal Court. It traces arguments supporting and criticizing these ...
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This chapter examines the evolution of international criminal justice, from the earliest known tribunal to the International Criminal Court. It traces arguments supporting and criticizing these tribunals, from both legality and legitimacy perspectives, and explores the implications for the relationship between the two concepts. The Nuremberg and Tokyo trials are seen as a strong example of legitimacy trumping legality, forcing international law to address the gaps they highlighted. The trials were exceptional, unprecedented measures, which were nevertheless seen as preferable to the two alternatives of amnesty or extrajudicial executions. They suffered from numerous legality failings related to their establishment and fundamental flaws in legal procedure, while their legitimacy was also lacking in terms of impartiality, objectivity, and hypocrisy. But despite these shortcomings, they gradually gained widespread legitimacy by contributing to sustained peace in Germany and Japan and implementing the concept of individual criminal accountability in international law.Less
This chapter examines the evolution of international criminal justice, from the earliest known tribunal to the International Criminal Court. It traces arguments supporting and criticizing these tribunals, from both legality and legitimacy perspectives, and explores the implications for the relationship between the two concepts. The Nuremberg and Tokyo trials are seen as a strong example of legitimacy trumping legality, forcing international law to address the gaps they highlighted. The trials were exceptional, unprecedented measures, which were nevertheless seen as preferable to the two alternatives of amnesty or extrajudicial executions. They suffered from numerous legality failings related to their establishment and fundamental flaws in legal procedure, while their legitimacy was also lacking in terms of impartiality, objectivity, and hypocrisy. But despite these shortcomings, they gradually gained widespread legitimacy by contributing to sustained peace in Germany and Japan and implementing the concept of individual criminal accountability in international law.
Seyla Benhabib
- Published in print:
- 2006
- Published Online:
- October 2011
- ISBN:
- 9780195183221
- eISBN:
- 9780199851041
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195183221.003.0002
- Subject:
- Philosophy, Political Philosophy
The Eichmann trial, much like the Nuremberg trials before it, captured some of the perplexities of the emerging norms of cosmopolitan justice. This chapter discusses that since the United Nations ...
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The Eichmann trial, much like the Nuremberg trials before it, captured some of the perplexities of the emerging norms of cosmopolitan justice. This chapter discusses that since the United Nations Declaration of Human Rights in 1948, one has entered a phase in the evolution of global civil society which is characterized by a transition from international norms to cosmopolitan norms of justice. Norms of international justice most commonly arise through treaty obligations and bilateral or multilateral agreements among states and their representatives. They regulate relations among states and other principals that are authorized to act as the agents of states in multiple domains, ranging from trade and commerce to war and security, the environment, and the media. Cosmopolitan norms of justice, whatever the conditions of their legal origination, accrue to individuals as moral and legal persons in a worldwide civil society.Less
The Eichmann trial, much like the Nuremberg trials before it, captured some of the perplexities of the emerging norms of cosmopolitan justice. This chapter discusses that since the United Nations Declaration of Human Rights in 1948, one has entered a phase in the evolution of global civil society which is characterized by a transition from international norms to cosmopolitan norms of justice. Norms of international justice most commonly arise through treaty obligations and bilateral or multilateral agreements among states and their representatives. They regulate relations among states and other principals that are authorized to act as the agents of states in multiple domains, ranging from trade and commerce to war and security, the environment, and the media. Cosmopolitan norms of justice, whatever the conditions of their legal origination, accrue to individuals as moral and legal persons in a worldwide civil society.
Luc Reydams, Jan Wouters, and Cedric Ryngaert (eds)
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199554294
- eISBN:
- 9780191751691
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554294.001.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This book examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a ...
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This book examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers. The starting point is that the prosecution shapes a tribunal's practice and legacy more than any other organ and that a systematic examination of international prosecutors is therefore warranted. The chapters are organized chronologically, according to the successive phases of the life of the institution and the various stages of the trials. The analysis includes each institution's establishment, mandate, and jurisdiction, as well as the prosecutorial framework and strategy, the prosecutor's external relations, and the completion of the institution's work. The book also considers the prosecutors'independence and impartiality, and their accountability for their decisions. The volume thus provides a picture of the mandate, organization, and operation of the prosecution in international criminal trials.Less
This book examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers. The starting point is that the prosecution shapes a tribunal's practice and legacy more than any other organ and that a systematic examination of international prosecutors is therefore warranted. The chapters are organized chronologically, according to the successive phases of the life of the institution and the various stages of the trials. The analysis includes each institution's establishment, mandate, and jurisdiction, as well as the prosecutorial framework and strategy, the prosecutor's external relations, and the completion of the institution's work. The book also considers the prosecutors'independence and impartiality, and their accountability for their decisions. The volume thus provides a picture of the mandate, organization, and operation of the prosecution in international criminal trials.
Thomas J. Laub
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199539321
- eISBN:
- 9780191715808
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199539321.003.0001
- Subject:
- History, Military History, European Modern History
Introductory remarks trace the historiography of the German army and occupied France from war crimes trials held immediately after the war to the present. As they adjudicated cases of treason and war ...
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Introductory remarks trace the historiography of the German army and occupied France from war crimes trials held immediately after the war to the present. As they adjudicated cases of treason and war crimes, jurists at the International Military Tribunal in Nuremberg defined a standard of appropriate conduct, convicted criminals, and exonerated those who resisted the Nazi regime. Building upon recent French scholarship, this manuscript rejects the binary model of collaboration and resistance in favor of Philippe Burrin's notion of accommodation. Both French society and the German army in France embraced elements of Nazi ideology and, at the same time, resisted select directives from Berlin. They balanced personal ideals against the necessities of life and accommodated demands from superiors in Berlin without necessarily endorsing all the goals of the Nazi regime.Less
Introductory remarks trace the historiography of the German army and occupied France from war crimes trials held immediately after the war to the present. As they adjudicated cases of treason and war crimes, jurists at the International Military Tribunal in Nuremberg defined a standard of appropriate conduct, convicted criminals, and exonerated those who resisted the Nazi regime. Building upon recent French scholarship, this manuscript rejects the binary model of collaboration and resistance in favor of Philippe Burrin's notion of accommodation. Both French society and the German army in France embraced elements of Nazi ideology and, at the same time, resisted select directives from Berlin. They balanced personal ideals against the necessities of life and accommodated demands from superiors in Berlin without necessarily endorsing all the goals of the Nazi regime.
Michael G. Kearney
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232451
- eISBN:
- 9780191716034
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232451.001.0001
- Subject:
- Law, Public International Law
Drawing on primary materials from the League of Nations to the Rome Statute of the International Criminal Court, this book makes the case for the revitalization of a provision of international law ...
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Drawing on primary materials from the League of Nations to the Rome Statute of the International Criminal Court, this book makes the case for the revitalization of a provision of international law which can be fundamental to the prevention of war. Given the distinct lack of analysis or dialogue around the prohibition of propaganda for war in international law — as set forth in Article 20(1) of the International Covenant on Civil and Political Rights — the book maps out the historical development of the prohibition, drawing significantly on the travaux préparatoires to the Covenant. It then proceeds to critique the manner in which the prohibition has been applied in practice, having reference to communications between the Human Rights Committee and states parties to the Covenant, state practice, the substance of the numerous reservations and declarations to the provision, as well as relevant jurisprudence of the European and American regional human rights systems. Having established that at a bare minimum, human rights law prohibits ‘incitement to war’, an investigation into the jurisprudence of the international criminal tribunals considers the matter of individual criminal responsibility for ‘incitement to crimes of an international dimension’. The analysis draws on the work of the International Law Commission, the jurisprudence of the Yugoslav and Rwanda tribunals, and the drafting history of the Rome Statute of the International Criminal Court to propose that a distinct crime of ‘direct and public incitement to aggression’ be included in the Rome Statute.Less
Drawing on primary materials from the League of Nations to the Rome Statute of the International Criminal Court, this book makes the case for the revitalization of a provision of international law which can be fundamental to the prevention of war. Given the distinct lack of analysis or dialogue around the prohibition of propaganda for war in international law — as set forth in Article 20(1) of the International Covenant on Civil and Political Rights — the book maps out the historical development of the prohibition, drawing significantly on the travaux préparatoires to the Covenant. It then proceeds to critique the manner in which the prohibition has been applied in practice, having reference to communications between the Human Rights Committee and states parties to the Covenant, state practice, the substance of the numerous reservations and declarations to the provision, as well as relevant jurisprudence of the European and American regional human rights systems. Having established that at a bare minimum, human rights law prohibits ‘incitement to war’, an investigation into the jurisprudence of the international criminal tribunals considers the matter of individual criminal responsibility for ‘incitement to crimes of an international dimension’. The analysis draws on the work of the International Law Commission, the jurisprudence of the Yugoslav and Rwanda tribunals, and the drafting history of the Rome Statute of the International Criminal Court to propose that a distinct crime of ‘direct and public incitement to aggression’ be included in the Rome Statute.
Joseph Herl
- Published in print:
- 2008
- Published Online:
- January 2010
- ISBN:
- 9780195365849
- eISBN:
- 9780199864263
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195365849.003.0006
- Subject:
- Music, History, Western
In the 16th century hymnals, pamphlets, and broadsheets are best understood in commercial terms: they were books without official status compiled by printers in order to make a profit. If they were ...
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In the 16th century hymnals, pamphlets, and broadsheets are best understood in commercial terms: they were books without official status compiled by printers in order to make a profit. If they were used by singing congregations, so much the better, for that would increase sales. But except in Strassburg, Rostock, and Riga there does not seem to have been any real effort on the part of church leaders to establish hymnal use by congregations. In these three places hymnal use by the congregation established itself, especially in Strassburg; but in the rest of Germany, including in Nuremberg, Erfurt, and Wittenberg, this was evidently not the case. Hymnals were introduced gradually during the seventeenth and early eighteenth centuries, first in the cities and then in rural areas. They were not supplied by churches, but rather the people purchased their own and brought them to church services.Less
In the 16th century hymnals, pamphlets, and broadsheets are best understood in commercial terms: they were books without official status compiled by printers in order to make a profit. If they were used by singing congregations, so much the better, for that would increase sales. But except in Strassburg, Rostock, and Riga there does not seem to have been any real effort on the part of church leaders to establish hymnal use by congregations. In these three places hymnal use by the congregation established itself, especially in Strassburg; but in the rest of Germany, including in Nuremberg, Erfurt, and Wittenberg, this was evidently not the case. Hymnals were introduced gradually during the seventeenth and early eighteenth centuries, first in the cities and then in rural areas. They were not supplied by churches, but rather the people purchased their own and brought them to church services.
