TRIAL BEFORE THE

INTERNATIONAL MILITARY
TRIBUNAL AT NUREMBERG
(1945-1946)
PRESENTED BY: SYEDA MUZNA ALI
 INTRODUCTION

• THE ALLIED VICTORS OF WWII STARTED THE “MAJOR WAR CRIMINALS” TRIAL
BEFORE THE INTERNATIONAL MILITARY TRIBUNAL (IMT) AT NUREMBERG. 
• 22 NAZI LEADERS WERE ACCUSED OF THREE TYPES OF CRIMES IN THE DOCK, AS
ARTICULATED IN THE CHARTER OF THE INTERNATIONAL MILITARY TRIBUNAL
UNDER ARTICLE 6.
THESE WERE:
• CRIMES AGAINST PEACE
• WAR CRIMES; AND
• CRIMES AGAINST HUMANITY: MURDER, EXTERMINATION, ENSLAVEMENT,
DEPORTATION, AND OTHER INHUMANE ACTS PERPETRATED AGAINST ANY
CIVILIAN POPULATION.
• THE DEFENDANTS WERE GIVEN THE RIGHT TO APPEAR IN A PUBLIC TRIAL AT
NUREMBERG. THEY WERE REPRESENTED BY COUNSEL INSTEAD OF
REPRESENTING THEMSELVES.
 BACKGROUND:

• AFTER THE WAR, THE ALLIED POWERS HAD THREE OPTIONS AVAILABLE
REGARDING THE CAPTURED GERMAN WAR CRIMINALS:
• RELEASE
• SUMMARY EXECUTION
• TRIAL.
• THE MAJORITY OF PUBLIC OPINION WAS OF EXECUTION WITHOUT TRIAL, AND
SO WAS THE OPINION OF THE SOVIETS AND WINSTON CHURCHILL. 
• BUT THE US SECRETARY OF WAR, HENRY L. STIMSON ADVOCATED FOR TRIAL
SAYING THAT:
• “THE MORAL POSITION OF THE ALLIES WOULD BE THROWN INTO QUESTION IF
THEY CONFORMED TO NAZI METHODS AND CARRIED OUT THE EXECUTION
WITHOUT THE PROTECTION OF THE LAW”. 
 THE LONDON CHARTER OF AGREEMENT

• ON AUGUST 8, 1945, THE FRENCH REPUBLIC, THE UNION OF SOVIET SOCIALIST

REPUBLICS (USSR), THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND, AND THE UNITED STATES OF AMERICA SIGNED THE LONDON AGREEMENT
AND CHARTER,
• ALSO REFERRED TO AS THE NUREMBERG CHARTER. THE CHARTER CREATED AN
INTERNATIONAL MILITARY TRIBUNAL TO TRY GERMAN LEADERS.
• THE ALLIES SELECTED THE DEFENDANTS. THERE WERE 22 DEFENDANTS TO BE TRIED
AS ONE OF THEM COMMITTED SUICIDE AND ANOTHER WAS CONSIDERED NOT FIT TO
STAND TRIAL
THE INTERNATIONAL MILITARY TRIBUNAL:

• A JUDGE, AN ALTERNATE JUDGE AND A PROSECUTION TEAM WERE SUPPLIED BY

EACH OF THE FOUR COUNTRIES THAT ESTABLISHED THE IMT.
• THE FUNCTION OF ALTERNATIVE JUDGES WAS TO PARTICIPATE IN THE
DELIBERATIONS BUT THEY WERE DEVOID OF ANY VOTE ON THEIR PART.
• THE IMT WAS SUPPOSED TO CONDUCT A FAIR TRIAL ACCORDING TO THE
NUREMBERG TRIAL, GIVING CERTAIN RIGHTS TO THE DEFENDANTS
THESE RIGHTS INCLUDED:
•  THE RIGHT TO SPEAK
•  THE RIGHT TO PRESENT WITNESSES AND PIECES OF EVIDENCE IN THEIR DEFENSE
• AND THE RIGHT TO CROSS-EXAMINE THE WITNESSES FOR THE PROSECUTION.
 THE JUDGES OF IMT:

• THE TRIBUNAL CONSISTED OF FOUR MEMBERS. 

• ONE VOTING JUDGE WAS SELECTED FROM EACH OF THE FOUR ALLIED POWERS.
• EACH OF THEM WAS PROVIDED WITH AN ALTERNATIVE.
• THE PRESIDENT OF THE TRIBUNAL WAS LORD JUSTICE LAWRENCE FROM
UNITED KINGDOM.

• FRANCIS BIDDLE FROM THE UNITED STATES

• PROFESSOR HENRI DONNEDIEU DE VABRES FROM FRANCE AND

• MAJOR GENERAL IONA NIKITCHENKO FROM THE SOVIET UNION MADE UP THE
TRIBUNAL
 THE PROSECUTION TEAM OF IMT:
 US Supreme Court Justice Robert H. Jackson was appointed as one of the chief
prosecutors.
 François de Menthon and then Auguste Champetier de Ribes for France 
 Sir Hartley Shawcross for Great Britain; 
 Lieutenant General Roman Andreyevich Rudenko for the Soviet Union. 
The prosecutors worked as a committee, that decided the indictment.
 THE CHARGES PLACED BY THE
PROSECUTORS:
“WE MUST NEVER FORGET THAT THE RECORD ON WHICH WE JUDGE THESE
DEFENDANTS TODAY IS THE RECORD ON WHICH HISTORY WILL JUDGE US
TOMORROW. WE MUST SUMMON SUCH DETACHMENT AND INTELLECTUAL
INTEGRITY TO OUR TASK THAT THIS TRIAL WILL COMMEND ITSELF TO POSTERITY
AS FULFILLING HUMANITY’S ASPIRATIONS TO DO JUSTICE”.

—US CHIEF PROSECUTOR ROBERT H. JACKSON

OPENING STATEMENT BEFORE THE INTERNATIONAL MILITARY TRIBUNAL

• THE CHIEF PROSECUTOR OF THE IMT INDICTED 24 LEADING NAZI GERMANS, ON
OCTOBER 18, 1945.
• THE THREE CRIMES THAT WERE ORIGINALLY DEFINED IN THE NUREMBERG
CHARTER WERE:
• 1.CONSPIRACY TO COMMIT CRIMES AGAINST PEACE, WAR CRIMES AND CRIMES
AGAINST HUMANITY.
• 2.CRIMES AGAINST PEACE
• 3.WAR CRIMES
• 4.CRIMES AGAINST HUMANITY
• THE PROSECUTORS INCLUDED THE 'CONSPIRACY' TO COMMIT THE CRIMES AS A
SEPARATE CRIME. BUT THE IMT REJECTED THAT CHARGE.
•
 THE USE OF THE TERM GENOCIDE:

• A NEW LEGAL TERM WAS USED BY THE PROSECUTION TEAM WHICH WAS ONLY
COINED A YEAR EARLIER BY RAPHAEL LEMKIN, A POLISH-JEWISH
INTERNATIONAL LAW EXPERT. THE PROSECUTION TEAM DESCRIBED IT AS:
• “MURDER AND ILL-TREATMENT OF CIVILIANS" COMMITTED BY THE
DEFENDANTS AS "DELIBERATE AND SYSTEMATIC GENOCIDE, VIZ., THE
EXTERMINATION OF RACIAL AND NATIONAL GROUPS."
•
 THE DEFENDANTS:

• A TOTAL OF 24 DEFENDANTS WERE CHOSEN.

• ADOLF HITLER, HEINRICH HIMMLER, AND JOSEPH GOEBBELS COMMITTED
SUICIDE (BEFORE THE TRIAL).
• SO, ONLY 21 DEFENDANTS APPEARED IN COURT.
• 1 WAS TRIED IN ABSENTIA (MARTIN BORMANN).
• SOME NAZI PARTIES, ORGANIZATIONS, AND MILITARY WERE ALSO CHARGED WITH
COMMITTING CRIMES AGAINST PEACE, WAR CRIMES AND CRIMES AGAINST
HUMANITY.
 THE TRIAL:

• ON NOVEMBER 20, 1945- THE TRIAL BEGAN.

• IT WAS A PUBLIC HEARING
• OVER 400 PEOPLE WITNESSED THE PROCEEDINGS EVERY DAY.
• THE SECRETARY OF THE NAZI PARTY, MARTIN BORMANN COULD NOT BE
LOCATED.
• ALL OTHER DEFENDANTS ATTENDED THE PROCEEDINGS.
 THE EVIDENCE PRESENTED:

• THE PROSECUTORS BASED THE CASE ON THE DOCUMENTS THE ALLIES HAD
SEIZED FROM THE GERMANS.
• MOST OF THE WITNESSES WHO TESTIFIED WERE FORMER MEMBERS OF THE
MAIN NAZI PARTIES AND ORGANIZATIONS.
• NUMEROUS FILMS PRODUCED BY THE US AND THE SOVIETS ON THE ATROCITIES
COMMITTED IN THE CONCENTRATION CAMPS OF AUSCHWITZ AND MAJDANEK
WERE ALSO PRESENTED.
 THE PURGE:

• SUBSTANTIAL EVIDENCE WAS PROVIDED ABOUT THE NAZI’S PLAN TO

EXTERMINATE THE JEWS- THE FINAL SOLUTION- AS THEY CALLED IT.
• IT INCLUDED OPERATIONS OF MASS MURDER AT AUSCHWITZ, DESTRUCTION OF
THE WARSAW GHETTO ETC.
 IMT CHARTER ON CLAIMING INNOCENCE:

AN INTERESTING FACT ABOUT THE TRIAL IS THAT NONE OF THE DEFENDANTS

DENIED THE CHARGES AGAINST THEM. THEY ONLY DENIED BEARING PERSONAL
RESPONSIBILITY FOR THEIR ACTS.
• ACCORDING TO THE IMT'S CHARTER:
•
"THE DEFENDANTS COULD NOT CLAIM INNOCENCE ON THE GROUNDS THAT THEY
HAD SIMPLY FOLLOWED ORDERS".
 THE VERDICT:

• THE TRIAL FINALLY ENDED ON SEPTEMBER 1, 1946.

• THE JUDGES DELIVERED THEIR VERDICT ON OCTOBER 1, 1946.
• THEY CONVICTED 19 DEFENDANTS. THREE WERE ACQUITTED.
• THE JUDGES OF THE IMT SENTENCED TWELVE DEFENDANTS TO DEATH,
INCLUDING HERMANN GÖRING AND MARTIN BORMANN. 
•
• THE FOLLOWING NAZI PARTY ORGANIZATIONS WERE ALSO CONSIDERED TO BE
CRIMINAL ORGANIZATIONS BY THE IMT
• THE LEADERSHIP CORPS OF THE NAZI PARTY;
• THE GESTAPO
• THE SS
• THE SD (SS INTELLIGENCE SERVICE).
 DENOUEMENT: 

• ON OCTOBER 16, 1946, TEN OF THE CONVICTED WERE HANGED AND CREMATED
IN DACHAU.
• THEIR ASHES WERE DROPPED IN THE ISAR RIVER. 
• HERMANN GÖRING ESCAPED HANGING BY COMMITTING SUICIDE THE NIGHT
BEFORE.
• MARTIN BORMANN WAS LATER PROVEN TO HAVE DIED IN BERLIN DURING THE
FINAL DAYS OF THE WAR. 
 LEGACY:

THE TRIAL AT NUREMBERG DEPICTED A MONUMENTAL ACCOMPLISHMENT IN

INTERNATIONAL LAW.
IT WAS THE FIRST TIME THAT THE HIGHEST OFFICIALS OF A COUNTRY WERE TRIED
AND PROSECUTED BY THE INTERNATIONAL COMMUNITY FOR CRIMES COMMITTED
BY THEIR STATE.
THE STATUTES CREATED DURING THE TRIAL FORMED THE BASIS FOR FUTURE
INTERNATIONAL CONVENTIONS AND FOCI FOR WAR.
THANK YOU!