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The Nuremberg Military Tribunals and the Origins of International Criminal Law$
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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

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(p.159) 7 Procedure
The Nuremberg Military Tribunals and the Origins of International Criminal Law

Kevin Jon Heller

Oxford University Press

The procedural rules applied by the Nuremberg Military Tribunals were based on the same three sources of law as the rules of evidence: Ordinance No. 7, the Uniform Rules of Procedure, and the ‘fundamental principles of justice which have been accepted and adopted by civilized nations generally’. This chapter focuses on three sets of procedural issues that were particularly controversial during the trials. Section 1 examines how the tribunals interpreted and applied the fair-trial rights guaranteed by Ordinance No. 7. Section 2 asks whether the defence had adequate resources during the trials. And Section 3 discusses the absence of appellate review and its substitute, joint sessions of the tribunals.

Keywords:   procedure, fundamental principles of justice, fair trial, equality of arms, joint sessions, appeal, defence counsel, interrogation

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