this post was submitted on 08 Jun 2025
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There was no jurisdiction at the time. The Nuremberg trials were essentially kangaroo courts with no solid basis in law, performed because the gravity of the Nazi crimes was so great something had to be done. As such some of the judges were uneasy about handing down death sentences, as many of the crimes they were charged with were not crimes in the Third Reich, and international law hadn’t developed sufficiently to take over.
The ICC came around in the 1990s, partially in response to calls from those involved in the Nuremberg trials for provision for a more robust and legal process, that didn’t rely on conquest first.
Thank you for the added context and time points!