Reassessing the Nuremberg Military Tribunals

Reassessing the Nuremberg Military Tribunals
Author: Kim C. Priemel
Publisher: Berghahn Books
Total Pages: 333
Release: 2012-08-01
Genre: History
ISBN: 085745532X

For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial—the International Military Tribunal or IMT. The dominant interpretation—neatly summarized in the ubiquitous formula of “Subsequent Trials”—ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949.

Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond

Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond
Author: Chris Bray
Publisher: W. W. Norton & Company
Total Pages: 300
Release: 2016-05-17
Genre: History
ISBN: 0393243419

A timely, provocative account of how military justice has shaped American society since the nation’s beginnings. Historian and former soldier Chris Bray tells the sweeping story of military justice from the earliest days of the republic to contemporary arguments over using military courts to try foreign terrorists or soldiers accused of sexual assault. Stretching from the American Revolution to 9/11, Court-Martial recounts the stories of famous American court-martials, including those involving President Andrew Jackson, General William Tecumseh Sherman, Lieutenant Jackie Robinson, and Private Eddie Slovik. Bray explores how encounters of freed slaves with the military justice system during the Civil War anticipated the civil rights movement, and he explains how the Uniform Code of Military Justice came about after World War II. With a great eye for narrative, Bray hones in on the human elements of these stories, from Revolutionary-era militiamen demanding the right to participate in political speech as citizens, to black soldiers risking their lives during the Civil War to demand fair pay, to the struggles over the court-martial of Lieutenant William Calley and the events of My Lai during the Vietnam War. Throughout, Bray presents readers with these unvarnished voices and his own perceptive commentary. Military justice may be separate from civilian justice, but it is thoroughly entwined with American society. As Bray reminds us, the history of American military justice is inextricably the history of America, and Court-Martial powerfully documents the many ways that the separate justice system of the armed forces has served as a proxy for America’s ongoing arguments over equality, privacy, discrimination, security, and liberty.

Military Tribunals and Presidential Power

Military Tribunals and Presidential Power
Author: Louis Fisher
Publisher:
Total Pages: 308
Release: 2005
Genre: History
ISBN:

Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.

The Nuremberg Military Tribunals and the Origins of International Criminal Law

The Nuremberg Military Tribunals and the Origins of International Criminal Law
Author: Kevin Jon Heller
Publisher: Oxford University Press on Demand
Total Pages: 528
Release: 2011-06-23
Genre: History
ISBN: 0199554315

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 (NMT). The judgments these Tribunals produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand genocide, crimes against humanity, and the crime of aggression. The trials are of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than the main Nuremberg Trial (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMT, 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'. This book starts by tracing the history of the NMT. It then discusses the law and procedure applied by the NMT, with a focus on the important differences between Control Council Law No. 10 and the Nuremberg Charter and on the protection of the defendants' right to a fair trial. The third section, the heart of the book, provides a systematic analysis of the NMT's 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 of a criminal organization. This section also analyzes the general principles of liability that the Tribunals applied and on the defenses they did -and did not- recognize. The final section of the book deals with the aftermath of the trials and their historical legacy.

Military Justice in the Modern Age

Military Justice in the Modern Age
Author: Alison Duxbury
Publisher: Cambridge University Press
Total Pages: 447
Release: 2016-08-04
Genre: History
ISBN: 1107042372

Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.

Soviet Judgment at Nuremberg

Soviet Judgment at Nuremberg
Author: Francine Hirsch
Publisher:
Total Pages: 561
Release: 2020
Genre: History
ISBN: 0199377936

The Nuremberg Trials (IMT), most notable for their aim to bring perpetrators of Nazi war crimes to justice in the wake of World War II, paved the way for global conversations about genocide, justice, and human rights that continue to this day. As Francine Hirsch reveals in this new history of the trials, a central part of the story has been ignored or forgotten: the critical role the Soviet Union played in making them happen in the first place. While there were practical reasons for this omission--until recently, critical Soviet documents about Nuremberg were buried in the former Soviet archives, and even Russian researchers had limited access--Hirsch shows that there were political reasons as well. The Soviet Union was regarded by its wartime Allies not just as a fellow victor but a rival, and it was not in the interests of the Western powers to highlight the Soviet contribution to postwar justice. Stalin's Show Trials of the 1930s had both provided a model for Nuremberg and made a mockery of it, undermining any pretense of fairness and justice. Further complicating matters was the fact that the Soviets had allied with the Nazis before being invaded by them. The Molotov-Ribbentrop Pact of 1939 hung over the courtroom, as did the fact that the everyone knew that the Soviet prosecution had presented the court with falsified evidence about the Katyn massacre of Polish officers, attempting to pin one of their own major war crimes on the Nazis. For lead American prosecutor Robert Jackson and his colleagues, focusing too much on the Soviet role in the trials threatened the overall credibility of the IMT and possibly even the collective memory of the war. Soviet Justice at Nuremberg illuminates the ironies of Stalin's henchmen presiding in moral judgment over the Nazis. In effect, the Nazis had learned mass-suppression and mass-murder techniques from the Soviets, their former allies, and now the latter were judging them for crimes they had themselves committed. Yet the Soviets had borne the brunt of the fighting--and the losses--in World War II, and this gave them undeniable authority. Moreover, Soviet jurists were the first to conceive of a legal framework for viewing war as a crime, and without that framework the IMT would have had no basis. In short, there would be no denying their place at the tribunal, nor their determination to make the most of it. Illuminating the shifting relationships between the four countries involved (the U.S., Great Britain, France, and the U.S.S.R.) Hirsch's book shows how each was not just facing off against the Nazi defendants, but against each other and offers a new history of Nuremberg.

Military Justice

Military Justice
Author: Eugene R. Fidell
Publisher: Oxford University Press
Total Pages: 156
Release: 2016
Genre: History
ISBN: 0199303495

This book presents an accessible and honest assessment of the strengths and weaknesses of military justice around the world, with particular emphasis on the US, UK, and Canada.

Nazi Saboteurs on Trial

Nazi Saboteurs on Trial
Author: Louis Fisher
Publisher:
Total Pages: 204
Release: 2005
Genre: History
ISBN:

"Louis Fisher chronicles the capture, trial, and punishment of the Nazi saboteurs in order to examine the extent to which procedural rights are suspended in time of war. One of America's leading constitutional scholars, Fisher analyzes the political, legal, and administrative context of the Supreme Court decision Ex parte Quirin (1942), reconstructing a rush to judgment that has striking relevance to current events. Fisher contends that the Germans' constitutional right to a civil trial was hijacked by an ill-conceived concentration of power within the presidency, overriding essential checks from the Supreme Court, Congress, and the office of the Judge Advocate General. His book provides a cautionary tale as our nation struggles to balance individual rights and national security."--BOOK JACKET.

Sketching Guantanamo

Sketching Guantanamo
Author: Janet Hamlin
Publisher: Fantagraphics Books
Total Pages: 173
Release: 2013-10-18
Genre: Art
ISBN: 1606996916

Camp X-Ray in the U.S. military base in Guantanamo, Cuba, opened in January, 2002 in the wake of the 9-11 attacks to house alleged terrorists ― off the American mainland, unaccountable to the U.S. judiciary ― in “indefinite detention.” Newer and more permanent prisons were later built miles away, and continue to house terrorist suspects today. The United States government does not allow photographs of the military trials at Guantanamo, but beginning in 2006, Janet Hamlin went to Guantanamo as a courtroom sketch artist to serve as a visual witness to the courtroom prceedings and provide worldwide media with artwork drawn during them. She has been the only sketch artist covering these trials from 2006 to the present time. Sketching Guantanamo is both a collection of her most potent and revealing sketches drawn during this period, as well a chronicle of her experience at Guantanamo. Before entering the viewing booth behind multi-paneled soundproof glass in the back of the court, Hamlin is daily subjected to thorough searches, wanding, and metal detecting in three separate checkpoints. The U.S. government and even detainees can demand that certain details be ”smudged” or even changed. When one detainee who had just pled guilty demanded that sketches of him not be released, Hamlin staged a four-hour sit-in until the authorities relented. Hamlin’s drawings and her accompanying text provide rare insight into the military courts of Guantanamo. The trials are considered notorious and historic, among the most carefully censored trials in recent U.S. history, and sketches are the only visuals the world is allowed to see. Sketching Guantanamo features nearly 150 drawings, as well as photographs of the surrounding facilities that enhance the artist’s illustrations and her running commentary.