Chapter

VICTORS’ JUSTICE? SELECTING TARGETS FOR PROSECUTION

William Schabas

in Unimaginable Atrocities

Published in print March 2012 | ISBN: 9780199653072
Published online May 2012 | e-ISBN: 9780191739361 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199653072.003.0004
VICTORS’ JUSTICE? SELECTING TARGETS FOR PROSECUTION

Show Summary Details

Preview

Nuremberg has its enthusiasts, but it also has its detractors. One of the most persistent charges is that the Nuremberg trial constituted ‘victors' justice’. Far from ‘stay the hand of vengeance’, say critics, the Nuremberg trial was a vindictive exercise with little resemblance to a fair trial. The victors' justice complaint can actually be divided into three somewhat distinct issues. The first issue concerns the legal norms being applied, particularly the crimes of which the Nazis were accused. The second issue concerns the overall fairness of the proceedings. There is a lingering sense that due process rights generally recognized as minimum guarantees were not fully respected. The third issue concerns the selectivity of the Tribunal. It was directed at Nazi perpetrators alone, despite the fact that there was much evidence that some of the crimes over which the Tribunal exercised jurisdiction had also been perpetrated by those who had established the institution.

Keywords: Nuremburg trial; war crimes; Nazis; Tribunal

Chapter.  10889 words. 

Subjects: Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.