- "[W]e are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us."
- Crimes against peace (aggression)
- War crimes (mistreatment of civilians and prisoners, misuse of weapons)
- Crimes against humanity (massive killing of civilians)
- Individuals are responsible if they commit "a crime under international law"
- Heads of State do not have immunity from prosecution
- The "defense of superior orders" will not relieve an individual of responsibility, "provided a moral choice was in fact possible to him"
Thoughts Regarding Nuremberg
- Did the Tribunal apply existing law to the actions of the defendants?
- Or did they create new law?
- Did this proceeding violate the principle prohibiting ex post facto prosecutions?
- Nuremberg prosecutor and the Court tried to say no—
- That judgment reaffirmed, applied existing law
- BUT, in reality, Nuremberg essentially created new law
