From Nuremberg to The Hague - The Future of International Criminal Justice Part 2

Tùy theo loại tội và thẩm quyền, sự trừng phạt (về mặt) hình sự bao gồm tử hình, giam giữ, bị quản thúc hoặc bị phạt vạ. Những tội cổ xưa như sát nhân (giết người), phản quốc .. luật hình sự nơi nào cũng có. | 6 RICHARD OVERY were outmanoeuvred by the American-Soviet alliance and agreement was reached that Axis leaders should be tried by a military tribunal for crimes as yet unspecified. The idea that the trial should be conducted before a military court reflected the prevailing convention that war crimes were a military affair but in practice the larger part of the subsequent trial was organised and prosecuted by civilian lawyers and judges. Truman proceeded at once to appoint an American prosecution team under the leadership of the New Deal lawyer Robert H. Jackson who had cut his teeth on fighting America s powerful industrial corporations in the 1930s under Roosevelt s antitrust Jackson was the principal architect of the trial and the decisive figure in holding together an unhappy alliance of Soviet British and French jurists who represented the only other United Nations states to be allowed to participate in the tribunal. The Soviet prosecution team favoured a trial but treated the proceedings as if the outcome were a foregone conclusion a show-trial. French lawyers were unhappy with a tribunal whose main basis was to be Anglo-Saxon common law instead of Roman law and whose procedures were foreign to French legal practice. Above all the British accepted the 7 NA II RG 107 McCloy papers President Truman Executive Order 9547 2 May 1945. The Nuremberg trials international law in the making 7 idea of a trial with great reluctance. They remained sceptical that a proper legal foundation could be found in existing international law and doubted the capacity of the Allied prosecution teams to provide solid forensic evidence that Axis leaders had indeed committed identifiable war crimes. British leaders were much more squeamish than the Americans about sitting side-byside with representatives of a Soviet Union whose own responsibility for aggression and human rights violations was popular knowledge. The driving force behind the tribunal was the American .

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