Justice Robert Jackson at Nuremberg trials 1946 from FCIT
Yalta decision to try German leaders as war criminals
Oct. 1943 Moscow For Min conf - to be punished "by joint decision"
April 1945 San Fran conf - internatl tribunal to be formed
May 2 - Robert Jackson appointed Chief Prosecutor
summer 1945 - London 4-Power Conference of Jurists (June 26-Aug. 8)
negotiations deadlocked Russian desire for mass retribution vs. U.S. desireto prosecute for "conspiracy" to commit war crimes
August 2 - Potsdam Protocol - each Ally would prosecute separate aspects
to be held at Nuremberg in Bavaria (had one of few undestroyed prisons) and symbol of Nazi ideology (1935 laws deprived Jews of civil rts) - altho Munich was HQ of Nazis
August 8 - London Charter drawn up (by Jackson, Robt Falco, I. Nikitchenko)
Herta Oberheuser, physician on trial, from Doctors Trial
3 categories of crimes:
1. War Crimes - traditional - mistreatment of POWs
2. Crimes ag. Peace - new - aggression, conspiracy (4th count)
3. Crimes ag. Humanity - new - ag. civilians
Death in Life by Robert Lifton in 1978 argued German doctors were "key agents" in the Holocaust - came out of eugenics movement 1900-1930
ex post facto law - 3 mos after surrender of Germany
but 1928 K-B Pact and 1929 Geneva implied these to be crimes
Charter also set punishment at death, held that neither official position nor the orders of a superior were a valid defense - membership in SS, Gestapo, or leadership in the Nazi party was criminal therefore, invalidated principle of individual responsibility for crimes - 1921 Leipzig court also ruled that obedience was not a defense
Jackson's opening statement - internatl law not immutable but subject to change
24 Nazis selected as representatives of Nazi Germany - but only 21 at end
Bormann disapp., Robt. Ley hung self in cell, Gustav Krupp too ill
no Italians - Mussolini's death enough - also Italy already being considered an important member of emerging Ep. anti-communist coalition
no mention of 1939 Nazi-Soviet Pact
Oct. 18 opening session in Berlin - lasted 1 year, until Oct. 1, 1946
Nuremberg Trials. Defendants in their dock; Goering, Hess, von Ribbentrop, and Keitel in front row, 1946. (NWDNS-238-NT-612 ) from NAIL
Francis Biddle, Geof. Lawrence, de Varbres, I.T. Nikitchenko (in uniform)
prisoners indicted and given 30 days to prepare defense
Nov. 20 - trail began - not a fair trial, but a victor's tribunal
defense not allowed access to captured documents (17 of 42 vols)
defense not allowed to use argument that Allies committed similar crimes
Doenitz tried to show his sinking of merchant vessels and failure to rescue passengers was same practice ff'd by Allies (Nimitz test. agreed)
not allowed: bombing of Dresden as defense for Ger. bombing of London nor Katyn massacre (FDR direct order), nor invasion of Finland
defense did argue that 1940 German invasion of Norway was to forestall a planned British invasion (admitted by Brit, but not in court)
defense not allowed to refer to the "injustice" of Versailles treaty
Jackson emph'd conspiracy
Hossbach Protocol of 5 Nov. 1937
but Jodl testified Ger. Army unprepared for war in 1939, but
Jackson introduced film evidence shot by Germans
euthanasia ag. those too ill 1939-41 - 50,000 killed - kept secret by Hitler even from Goering and Hess
