Publıc Internatıonal Law I Deneme Sınavı Sorusu #1275978

"At the Nuremberg Tribunal, 22 leaders of the Third Reich were tried. The Tokyo trials were conducted against 28 persons."

Which of the followings is among the grounds on which the legality and propriety of these trials and the judgments were criticized?


Members of the tribunals are of the ones on the losing side.

The tribunals were held long after the war was over.

There were no actual sanctions following the verdicts of the tribunals.

The tribunals were constituted by the victorious powers.

International legal procedures were not suitbly followed.


Yanıt Açıklaması:

The Nuremberg Tribunal imposed death penalty and imprisonment from 10 to 20 years. Out of 22 persons, 12 were given the death sentence, three were given the life imprisonment, four were given imprisonment of various terms, and three were acquitted. The Tokyo Tribunal found all the defendants, except two, guilty of conspiracy to wage a war of aggression. It also awarded death penalty and imprisonment. The legality and propriety of these trials and the judgments were widely criticized on the following grounds:

• The trials were in violation of the principle of nullum poena sine lege (no punishment without law). There were no rules of international law declaring such acts as illegal prior to the Second World War, they were not defined or made punishable and were also considered the acts of state.
• Trials were an imposition of ex post facto law,  giving retrospective operation to a crime that was not punishable at the time of its commission.
• The tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful.
• Consisting mainly of judges from the victorious States was in violation of the principle of nemo judex in causa sua (no one can be a judge in his own case).
• The plea of superior orders has great relevance in the discipline of the armed forces, and it was rejected by the Tribunals without any concrete reason.
• One of the arguments of the defendants was that war is waged by states and not by individuals, who are not the subjects of international law. The Nuremberg Tribunal rejected it and pointed out that “international law imposes duties and liabilities upon individuals as well as upon States.

Therefore, the correct option is D.

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