Jump to ContentJump to Main Navigation
The Nuremberg Military Tribunals and the Origins of International Criminal Law$
Users without a subscription are not able to see the full content.

Kevin Jon Heller

Print publication date: 2011

Print ISBN-13: 9780199554317

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199554317.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 27 January 2022

Jurisdiction and Legal Character of the Tribunals

Jurisdiction and Legal Character of the Tribunals

(p.107) 5 Jurisdiction and Legal Character of the Tribunals
The Nuremberg Military Tribunals and the Origins of International Criminal Law

Kevin Jon Heller

Oxford University Press

This chapter explores the jurisdiction and legal character of the Nuremberg Military Tribunals. Section 1 discusses the tribunals' subject-matter jurisdiction, with a particular emphasis on the ways in which Law No. 10 went beyond the substantive provisions of the London Charter. Section 2 examines the vexing issue of whether the tribunals were American courts, as the defendants insisted, or international courts, as the tribunals themselves insisted. It concludes that, in fact, they were neither — they were inter-allied special tribunals created by the Allied Control Council pursuant to its sovereign legislative authority in Germany. Section 3 explains why, even though they were not international courts, the tribunals nevertheless applied international law. Section 4 addresses the issue of whether the law applied by the tribunals violated the principle of non-retroactivity, particularly the provisions of Law No. 10 that went beyond the London Charter. Finally, Section 5 focuses on the personal jurisdiction of the tribunals, demonstrating that their ability to prosecute the defendants was based on an amalgam of passive-personality, protective, and universal jurisdiction.

Keywords:   Law No. 10, Ordinance No. 7, London Charter, Allied Control Council, debellatio, retroactivity, ex post facto, personal jurisdiction, international law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .