Israel
and the U.S. Should Be Held to the Same Standards that the German Faced
At
the Nuremberg Trials
THE
SO-CALLED “NUREMBERG TRIALS” were a cynical travesty of justice, in which the victors of World War
II enacted illegal revenge against their defeated opponents. From a
legal standpoint, they were disgusting.
The
following are among the established legal procedures that the Allies and
Soviets dispensed with in Nuremberg:
-
Ex Post Facto Laws: Retroactive legislation, under
which the accused were held culpable for alleged deeds that were not
illegal when they took place.
-
No Impartiality of
the Judges:
Rather than select judges from neutral nations that had not taken part
in the War (such as Switzerland and Sweden), the Americans, Soviets,
British and French sat in judgement over their defeated opponents:
they were the “judge, jury and executioner” all rolled into one.
-
The “Tu Quoque”
defense was not allowed. It
is a Latin phrase meaning “you did it, too.” For example, both the
Germans and the Soviets invaded Poland in September 1939. But only the
Germans were accused of this at Nuremberg. The Soviets, who were among
those sitting in judgment at the trials, were given a free pass.
-
Lack of Proper
Defense: Whereas
the prosecution had an army of lawyers, clerks and researchers, and
months to prepare their cases, the defendants each had a single
court-appointed German attorney (who was allowed one secretary). They
were given a scant 30 days to organize their defense. Furthermore, the
German attorneys were generally unfamiliar with Anglo-American
jurisprudence and court procedures, which governed the makeshift
judicial system set up for the trials.
-
Lack of
Cross-Examination:
Some prosecution witnesses were allowed to give “testimony” by written
affidavit and so could not be cross-examined by the defense.
-
Lack of Defense
Discovery:
The prosecution was not required to turn over its evidence to the
defense prior to the trial.
There
were other hindrances imposed on the defense. The defendants were
required to sleep only on their backs at night, with a bright lightbulb
shining over their face. Thus they arrived for court each day in a
fatigued and confused state of mind. At least one defendant, Julius
Streicher, was being tortured in his cell in the evenings. When he
attempted to protest this to the tribunal, he was gaveled down, and told
that his accusations were not the matter before the court.
There
were 22 defendants at the primary trial in October 1946. Of these, 12
were sentenced to death. Only three were acquitted – which may be viewed
in a minor miracle, given the one-sided pseudo-legal proceedings that
the Allies and the Soviets imposed on them!
*
* *
But,
for the sake of argument, let us imagine a world in which the current
U.S. and Israeli regimes were brought to trial to answer for war crimes
in the current Mid-East conflicts, with all of the above irregularities
and unfairness of the Nuremberg tribunals set aside.
Here
are the four charges brought at Nuremberg:
-
Conspiracy to commit any of the following charges;
-
Crimes against peace;
-
War crimes;
-
Crimes against humanity.
Israel:
-
Guilty of conspiracy in all 3 of the other charges.
-
Guilty of crimes against peace for the invasion of Lebanon and Gaza, and
the war against Iran.
-
Guilty of war crimes for targeting civilians (or recklessly ignoring the
danger to civilians as “collateral damage"). Guilty of torturing
Palestinian hostages and prisoners of war.
-
Guilty of crimes against humanity in Gaza for deliberately withholding
food, water and medicine from a suffering population.
United
States:
-
Definitely guilty of conspiracy in charge one; possibly guilty of
conspiracy on charge three.
-
Guilty of crimes against peace in the attacks on Iran of June 2025 and
February/March 2026.
-
Possibly guilty of war crimes for firing the Tomahawk missile which
killed 175 Iranian schoolgirls in Minab, Iran, on February, 28, 2026.
We
call upon the international community to bring these charges against
the leaders of Israel and the United States.
What’s
sauce for the goose is sauce for the gander!
–
James Harting
03/19/26/136
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