Description
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 (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, 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'. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' 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 in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.
About the Author
Kevin Jon Heller is a Senior Lecturer at Melbourne Law School, where he teaches criminal law and international criminal law. He has a JD from Stanford Law School, an MA in literature from Duke University, and an MA and BA in social and political theory from the New School for Social Research, all with honors. His work has appeared in the European Journal of International Law, the American Journal of International Law, the Journal of International Criminal Justice, the Michigan Law Review, the Leiden Journal of International Law, and many others. On the practical side, Kevin has been involved in the International Criminal Court's negotiations over the crime of aggression, served as Human Rights Watch's external legal advisor on the trial of Saddam Hussein, and has consulted with the defense in a number of cases at the ICTY and ICTR. He is currently serving as one of Radovan Karadzic's formally appointed legal associates.
Reviews
Heller's book is a result of an exhaustive, meticulous study and research ... It fills a big gap in today's understanding of the Nuremburg Military Tribunals, identifying for ICL and IHL lawyers those substantive and procedural points of interest in the NMTs jurisprudence, which are still relevant despite more that 60 years that passed since the tribunals' conduct. * Rustam B. Atadjanov, Criminal Law Forum *
Hellers book is a result of an exhaustive, meticulous study and research. This result is presented in a very structured, comprehensible manner and is useful for both legal specialists who have recently started analysing various elements of general and special parts of international criminal law, and those who already have a solid academic and practical experience in this branch of international law. * Rustam B. Atadjanov, Criminal Law Forum *
From the inclusion of women prosecutors, to discussion of the best means to legally represent the Holocaust, to policy-making which saw the convicts released within only ten years Heller has provided a wealth of detail and a valuable starting-point for further thought and research...to be primarily recommended as a text for practitioners specialised in this area. * Tara O'Leary, London School of Economics Review of Books *
...the book provides an unquestionably original appraisal of the NMT, filling a clear gap in the current literature. In doing so it provides both a useful starting point for students of international criminal law and an incredibly valuable contribution to scholars currently immersed in the area. * Nicola Palmer, European Human Rights Law Review *
Scholarly interest in these tribunals has been relatively limited, and Heller seeks to address this gap by producing the most extensive and authoritative text on the tribunals to date. * Sara Kendall, Melbourne Journal of International Law *
Kevin Heller's magisterial survey of the Nuremberg Military Tribunals offers the first comprehensive account of the trials, as well as an insightful analysis of the tribunals' jurisprudence and legal basis. * Devin O. Pendas, International and Comparative Law Quarterly *
Kevin Jon Heller is a first-rate legal analyst, a fine historian, an expert on international criminal law, and a lucid writer. This timely book will interest anyone who cares about the law's effort to confront radical evil. Those interested in professional and business ethics should find it equally absorbing. It fills a major gap in our historical understanding, and explores doctrines at the cutting edge of today's international tribunals. * David Luban, University Professor in Law and Philosophy, Georgetown University Law Center *
A thorough and nuanced account of the history and legacy of Control Council Law No. 10 Trials in the U.S. occupation zone which is long overdue in the contemporary literature on international criminal justice * Professor Dr Carsten Stahn, Chair of International Criminal Law and Global Justice; Programme Director, Grotius Centre for International Legal Studies, The Hague *
Readers of The Nuremberg Military Tribunals are in Heller's debt. He has rescued the NMT trials from the relative obscurity in which they have languished for many years. This book brings the subsequent trials out from the shadows of the IMT and for that we should be grateful...The effort of synthesizing tens of thousands of pages of trial transcripts, evidential material, autobiographical accounts and judicial decisions deserves our plaudits. * David Fraser, Oxford Journal of Legal Studies *
Heller's work provides an excellent basis for a thorough and accurate understanding of the NMT trials. * Roger L. Phillips, Journal of International Criminal Justice *
...an extremely thorough and thoughtful study. * Rainer Huhle, Nurnberger Menschenrechtszentrum *
Well-written, vigorously researched, and impressively ambitious. * Lawrence Douglas, Holocaust and Genocide Studies *
Book Information
ISBN 9780199668168
Author Kevin Jon Heller
Format Paperback
Page Count 528
Imprint Oxford University Press
Publisher Oxford University Press
Weight(grams) 796g
Dimensions(mm) 234mm * 178mm * 29mm
About the Author
Kevin Jon Heller is a Senior Lecturer at Melbourne Law School, where he teaches criminal law and international criminal law. He has a JD from Stanford Law School, an MA in literature from Duke University, and an MA and BA in social and political theory from the New School for Social Research, all with honors. His work has appeared in the European Journal of International Law, the American Journal of International Law, the Journal of International Criminal Justice, the Michigan Law Review, the Leiden Journal of International Law, and many others. On the practical side, Kevin has been involved in the International Criminal Court's negotiations over the crime of aggression, served as Human Rights Watch's external legal advisor on the trial of Saddam Hussein, and has consulted with the defense in a number of cases at the ICTY and ICTR. He is currently serving as one of Radovan Karadzic's formally appointed legal associates.
Reviews
Heller's book is a result of an exhaustive, meticulous study and research ... It fills a big gap in today's understanding of the Nuremburg Military Tribunals, identifying for ICL and IHL lawyers those substantive and procedural points of interest in the NMTs jurisprudence, which are still relevant despite more that 60 years that passed since the tribunals' conduct. * Rustam B. Atadjanov, Criminal Law Forum *
Hellers book is a result of an exhaustive, meticulous study and research. This result is presented in a very structured, comprehensible manner and is useful for both legal specialists who have recently started analysing various elements of general and special parts of international criminal law, and those who already have a solid academic and practical experience in this branch of international law. * Rustam B. Atadjanov, Criminal Law Forum *
From the inclusion of women prosecutors, to discussion of the best means to legally represent the Holocaust, to policy-making which saw the convicts released within only ten years Heller has provided a wealth of detail and a valuable starting-point for further thought and research...to be primarily recommended as a text for practitioners specialised in this area. * Tara O'Leary, London School of Economics Review of Books *
...the book provides an unquestionably original appraisal of the NMT, filling a clear gap in the current literature. In doing so it provides both a useful starting point for students of international criminal law and an incredibly valuable contribution to scholars currently immersed in the area. * Nicola Palmer, European Human Rights Law Review *
Scholarly interest in these tribunals has been relatively limited, and Heller seeks to address this gap by producing the most extensive and authoritative text on the tribunals to date. * Sara Kendall, Melbourne Journal of International Law *
Kevin Heller's magisterial survey of the Nuremberg Military Tribunals offers the first comprehensive account of the trials, as well as an insightful analysis of the tribunals' jurisprudence and legal basis. * Devin O. Pendas, International and Comparative Law Quarterly *
Kevin Jon Heller is a first-rate legal analyst, a fine historian, an expert on international criminal law, and a lucid writer. This timely book will interest anyone who cares about the law's effort to confront radical evil. Those interested in professional and business ethics should find it equally absorbing. It fills a major gap in our historical understanding, and explores doctrines at the cutting edge of today's international tribunals. * David Luban, University Professor in Law and Philosophy, Georgetown University Law Center *
A thorough and nuanced account of the history and legacy of Control Council Law No. 10 Trials in the U.S. occupation zone which is long overdue in the contemporary literature on international criminal justice * Professor Dr Carsten Stahn, Chair of International Criminal Law and Global Justice; Programme Director, Grotius Centre for International Legal Studies, The Hague *
Readers of The Nuremberg Military Tribunals are in Heller's debt. He has rescued the NMT trials from the relative obscurity in which they have languished for many years. This book brings the subsequent trials out from the shadows of the IMT and for that we should be grateful...The effort of synthesizing tens of thousands of pages of trial transcripts, evidential material, autobiographical accounts and judicial decisions deserves our plaudits. * David Fraser, Oxford Journal of Legal Studies *
Heller's work provides an excellent basis for a thorough and accurate understanding of the NMT trials. * Roger L. Phillips, Journal of International Criminal Justice *
...an extremely thorough and thoughtful study. * Rainer Huhle, Nurnberger Menschenrechtszentrum *
Well-written, vigorously researched, and impressively ambitious. * Lawrence Douglas, Holocaust and Genocide Studies *
Book Information
ISBN 9780199668168
Author Kevin Jon Heller
Format Paperback
Page Count 528
Imprint Oxford University Press
Publisher Oxford University Press
Weight(grams) 796g
Dimensions(mm) 234mm * 178mm * 29mm
