The principle of retroactivity in the Nuremberg 'War Crimes' trial

Abstract

"The trial which is now about to begin is unique in the history of the jurisprudence of the world and is of supreme importance to millions of people all over the globe. For these reasons, there is laid upon everybody who takes any part in this Trial a solemn responsibility to discharge their duties without fear or favour, in accordance with the sacred principles of law and justice". In the morning session of Tuesday, the 20th November 1945, the President of the International Military Tribunal, Lord Justice Lawrence, included the above paragraph in his opening address of the Nuremburg "War Crimes" Trial. This trial is one of the most important landmarks of jurisprudence in general and International Law in particular. It has created a new and illuminating chapter in the history of law. Naturally enough, such a bold step in the development of International Law cannot be devoid of harsh criticism and bitter controversy. Scores of eminent jurists dipped their pen in the ink of criticism and attacked this historic trial from every possible angle. Critics of this trial fall into two classes, those who object to the judgments and sentences pronounced on the accused and those who object to the law applied therein. In regard to the latter, the most persistent objection.has been that the Tribunal applied "ex post facto" law and consequently committed a serious breach of the legal maxim which holds that "Hullum crimen sine lege - Nulla poena sine lege."