Nuremberg Trial (1945-1946):

The Nuremberg Trial was the first international war crimes trial in history, held after World War
II. The trial was conducted by the Allied powers (the United States, Great Britain, and the Soviet
Union) to prosecute top Nazi officials for their roles in the war and the Holocaust. The trial
began on November 20, 1945, and lasted until October 1, 1946.
Facts:

The main charges were war crimes, crimes against peace, and crimes against humanity
committed by Nazi leaders under Hitler, including atrocities against Jews. They were also
charged with violating the Treaty of Versailles (1919) and the Pact of Paris (1928), which
renounced war as a national policy instrument.

Judgment and Principles:

Crimes against International Law are committed by individuals, not abstract entities, and only by
punishing individuals can International Law be enforced.

High-ranking officials, including heads of state, are not exempt from responsibility under
International Law.

Obeying government or superior orders does not exempt individuals from responsibility under
International Law if a moral choice was possible.

The tribunal rejected the argument that an act cannot be a crime without pre-existing law.

Aggressive war is the highest international crime. Germany was held responsible for starting
aggressive wars.

The tribunal held the accused responsible for mistreating prisoners of war, rejecting the
argument that since Russia had not signed the Geneva Convention, they could mistreat
Russian POWs.

Outcomes:
Twenty-four defendants were charged with conspiracy, aggressive war, war crimes, and crimes
against humanity. The tribunal established the principle of individual criminal responsibility for
war crimes and crimes against humanity. Twelve defendants were sentenced to death, three
were acquitted, and nine were imprisoned.

2. Tokyo Trial

The Tokyo Tribunal, similar to the Nuremberg Trial, was established to prosecute Japanese war
criminals after World War II. The tribunal was set up through an agreement among the
victorious states, formalized by the Tokyo Charter. The trial began on June 4, 1946, with Sir
William Webb presiding. Unlike Nuremberg, the Tokyo Tribunal included judges from various
countries, such as India, the Philippines, and other Commonwealth nations. Despite objections
from the accused that they could not receive a fair trial due to the judges being from victorious
nations, the Tribunal proceeded, resulting in several death sentences and various terms of
imprisonment for those found guilty of war crimes.

Dissenting Judgment:
A notable aspect of the Tokyo Trial was the dissenting judgment by Dr. Radha Binod Pal, an
Indian judge. He argued that while the conduct of war is within the scope of International Law,
war itself is beyond it and thus cannot be criminalized. He also contended that the Pact of Paris
did not make war illegal and that conspiracy was not an independent crime under International
Law. Consequently, he believed the accused should be declared not guilty due to insufficient
evidence.

Peleus Trial
The Peleus Trial revolved around the sinking of the Greek ship Peleus by a German U-Boat,
followed by the commanders ordering the crew to fire on survivors in lifeboats, killing 22 out of
35 crew members. When the U-Boat officers were arrested, they were prosecuted for war
crimes. The Tribunal ruled that firing on unarmed enemies was prohibited, referencing the
Llandovery Castle case (1921), which established that killing shipwrecked individuals is
forbidden. The defense of superior orders was rejected, as the court held that unlawful orders
need not be obeyed. The accused were found guilty and duly punished.

Eichmann Case (1962)

Adolf Eichmann, under Hitler’s regime, was responsible for numerous atrocities against Jews.
After World War II, Israeli spies captured Eichmann in Argentina and abducted him to Israel for
prosecution. The court in Israel faced several legal challenges, including arguments about the
principle of universal jurisdiction and the irregular manner of Eichmann’s abduction. The court
held that crimes like genocide have a universal character, allowing any state to prosecute such
crimes. It also dismissed the abduction concerns, stating that such issues pertain to
international relations, not individual rights. The defense of superior orders was again rejected,
and the court reaffirmed principles established by the Nuremberg Tribunal. Eichmann’s
arguments were dismissed, and he was sentenced to death.

Mai Lai Trial

The Mai Lai Trial involved the massacre of the Mai Lai village population in Vietnam by
American military personnel. The atrocity sparked significant international and national outrage,
leading to demands for accountability. Lieutenant William Calley was prosecuted due to this
immense pressure. The trial marked a significant departure as it involved the United States
holding its own military personnel accountable for war crimes, a rarity at the time. Calley was
found guilty, demonstrating the potential for internal accountability driven by global and
domestic opinion. This trial signaled a shift towards holding individuals accountable for war
crimes, irrespective of national affiliations.
Genocide and International Response
The genocide committed during World War II led to the United Nations affirming the principles of
the Nuremberg judgment. The UN General Assembly declared genocide an international crime
punishable under International Law and adopted the Genocide Convention in 1948. Article II of
the Genocide Convention defines genocide as acts committed with the intent to destroy, in
whole or in part, a national, ethnical, racial, or religious group. This includes killing members of
the group, causing serious bodily or mental harm, deliberately inflicting life conditions to bring
about physical destruction, imposing measures to prevent births, and forcibly transferring
children of the group to another group. This convention underscored the international
community's commitment to preventing and punishing acts of genocide.