The Mixed Legacy of Nuremberg
By Alan M Dershowitz, Gatestone Institute:
This year commemorates the 80th anniversary of the notorious Nuremberg Laws, the Nazi racist enactments that formed the legal basis for the Holocaust. Ironically, it also marks the 70th anniversary of the Nuremberg Trials, which provided the legal basis for prosecuting the Nazi war criminals who murdered millions of Jews and others following the enactment of the Nuremberg Laws.
There is little dispute about the evil of the Nuremberg Laws. As Justice Robert H. Jackson, who was America’s chief prosecutor at the Nuremberg Trials, put it: “The most odious of all oppressions are those which mask as justice.”
There is some dispute, however, about the Nuremberg trials themselves. Did they represent objective justice or, as Hermann Göring characterized it, merely “victor’s justice?” Were the rules under which the Nazi leaders were tried and convicted ex post facto laws, enacted after the crimes were committed in an effort to secure legal justice for the most immoral of crimes? Did the prosecution and conviction of a relatively small number of Nazi leaders exculpate too many hands-on perpetrators? Do the principles that emerged from the Nuremberg Trials have continued relevance in today’s world?
Following the Holocaust, the world took a collective oath encapsulated in the powerful phrase “never again”, but following the Nuremberg Trials, mass murders, war crimes and even genocides have been permitted to occur again and again and again and again. Cambodia, Rwanda, Darfur, the former Yugoslavia and now Syria. Why has the promise of “never again” been so frequently been broken? Why have the Nuremberg principles not been effectively applied to prevent and punish these unspeakable crimes? Will the International Criminal Court, established in 2002, be capable of enforcing the Nuremberg principles and deterring future genocides by punishing past ones?
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