Readings17Stiles18.docx

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READINGS WEEK 17 STILES: CHAPTER 18 INTERNATIONAL LAW
INTRODUCTION
Because there is no world government, international law can be applied only by the
consent of members of the international community
States dominate the character and implementation of international law
Only if a government chooses to promote the cause of some other actor may that
figure’s case be heard
Military justice permits officers of a nation’s defense force to judge individual soldiers
and sailors, granting them limited rights to defend themselves
ORGANIZING THE TRIALS
Nothing less than the eradication of Nazi institutions and ideology would suffice to
avenge the atrocities and restore world order
S was common in wartime planning, policy decisions were swept along by the events on
the battlefield
They key stricking points until the finalization of the plan in June were the notion of the
German conspiracy to commit aggressive war and the prosecution of organizations
themselves
Only individuals can be accused of crimes, not social institutions
Crimes against humanity was a device to make such prosecution possible in 1939 the
defense charged that new laws were being invented and applied retroactively to their
clients
The Kellog-Briand Pact of 1928 was a lofty pledge by the world’s major powers never to
resort to war
They condemn recourse to war for the solution of international controversies
Nuremberg Tribunal derived its authority from the military occupation forces and was
not directly connected to the UN
Impartiality of a tribunal of victors judging the actions of a vanquished government
Possible to appeal sentences (although none of these efforts was successful)
Judges showed a marked penchant to give intellectuals and professionals leniency
COURTROOM DRAMA
The trial itself was largely tedious and disorganized, involving primarily a rambling
discussion of documents
The trial opened on November 20, 1945
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