The trials affirmed that no human rights in absence

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raised awareness about the inadequacy of the law to enforce new principle. The trials affirmed that no human rights, in absence of presiding law, would be criminally and aggressively desecrated (Sukharev, 2006). Clearly, the Nuremberg trials sent chills to perpetrators of impunity that in such circumstances, a law can be constituted as an international legal shield against even the Head of state. Much of those principles are affirmed by the United Nations. While questioning the legitimacy of Nuremberg, it is important to examine the implication of signed treaties between nations including Germany itself. In 1919, Germany signed the League of Nation’s Statute. The agreement proclaimed that parties would not resort to war, but maintain peace and security to foster international relations. On 27 th August 1928, the
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THE NUREMBERG TRIALS AND INTERNATIONAL JUSTICE 7 German President agreed to the Kellong-Brand Pact that rejected war but advocated peaceful methods for conflict resolution. It is no doubt that the Nuremberg operated under existing norms of international law. These customs and standards were a reflection of the predominant sense of justice in the world at the time. The rationale adopted by Nuremberg could not be defeated on the grounds of legitimacy (Pejic, 2002). Currently, the International Criminal Court enjoys the advantage of worldwide recognition and cognizance, list of crimes and limited discretion granted to judges. To avoid legitimacy issues, there is room for international courts and tribunals to delegate legal rights to national courts in order to develop procedural matters further. When expanding the jurisdiction of local and national courts, the international courts and commission should oversee the expertise in terms of examining witness and victims with regard to protection and ensuring the rights of the accused. Proactive engagement with vulnerable victims in the community and society, will help the courts increase their field presence. The international courts should emphasize adherence to international standards, best practice, obligations and arrest warrants, while preserving their role as the last resort for accountability and fighting impunity. An important lesson that can be drawn from the Nuremberg Tribunal is to do a public outreach to inform about all the activities of the international courts. Systematic dissemination of accurate information regarding investigations will help in managing expectations. Policies on defense, victim’s rights and how to communicate with the Office of the Prosecutor can guarantee fair trial. Realization of the role of civil rights groups and acknowledging their independence, can help to reduce conflicts with special interest groups.
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THE NUREMBERG TRIALS AND INTERNATIONAL JUSTICE 8 Conclusion From the history of Holocaust, and as observed in the case of Sierra Leone, Cambodia and Yugoslavia, the international courts and tribunals, need not be afraid in combating impunity and preventing future violations of human rights. Learning about search atrocities, helps in reflecting upon crimes against humanity. Noteworthy, the international community and the UN
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  • Spring '17
  • Antony Okumu
  • Nuremberg Trials

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