historyanalysisThe Conversation: Arts + Culture (US)1945–1946 · Nuremberg, Germany
The law meets its limits – what ‘Nuremberg’ reveals about guilt, evil and the quest for global justice
The International Military Tribunal at Nuremberg tried leading Nazi figures for crimes after the Second World War, and it convicted 19 of the 22 individual defendants, with 12 sentenced to death. Its charter defined three categories: war crimes, crimes against peace and crimes against humanity, the last two not previously codified. It rejected the defence that following orders excused an individual from responsibility. The court also used the term genocide, which the Polish lawyer Raphael Lemkin had coined less than two years earlier. Yet the trials covered only the European Axis, leaving Allied atrocities and Japanese American incarceration unexamined. Hannah Arendt felt the verdicts could not fully reach a guilt that went beyond crime.
Nuremberg set the foundations of modern international criminal law, influencing the Genocide Convention of 1948, the later UN tribunals and the International Criminal Court. Its limits still shape debates over who can be judged for war crimes today.
The Conversation
Illustrative photo · Raymond D’Addario, Public domain, via Wikimedia Commons
