The Law of the Nuremberg Trial

TLDR

The Control Council for Germany denied clemency to most convicted defendants and carried out executions on October 16, except for Martin Bormann and Hermann Goering, establishing a precedent that became foundational for future international law. The Tribunal first read its general opinion on the indictment counts on September 30 and then, on October 1, presented opinions on each defendant’s charges before delivering sentences. On October 1, 1946, the International Military Tribunal sentenced twelve defendants to death, seven to imprisonment, acquitted three, found three organizations criminal, and concluded the trial as the first international criminal assize, setting principles that place international law on the side of peace against aggressive warfare. Footnote 2.

Abstract

On the afternoon of October 1, 1946, the International Military Tribunal at Nuremberg sentenced twelve of the twenty-two Nazi defendants to death by hanging and seven to imprisonment for terms ranging from ten years to life. Three were acquitted. Three of the six accused organizations were found to be criminal. The reading of these sentences was preceded by the reading, through the whole of September 30, of the general opinion of the Tribunal on the four counts of the indictment and, on the morning of October 1, of the opinion on the charges against each defendant. 1 The Control Council for Germany considered applications for clemency for most of those convicted but did not grant them and carried out the executions of those sentenced to death on October16 with the exception of Martin Bormann who had not been found and Hermann Goering who had succeeded in committing suicide a few hours earlier. Thus came to an end what President Truman described as “ the first international criminal assize in history.” “ I have no hesitancy in declaring,” continued the President, “ that the historic precedent set at Nuremberg abundantly justifies the expenditure of effort, prodigious though it was. This precedent becomes basic in the international law of the future. The principles established and the results achieved place International Law on the side of peace as against aggressive warfare.” 2