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1 Int'l L.Q. 153 (1947)
Will the Judgment in the Nuremberg Trial Constitute a Precedent in International Law

handle is hein.journals/intlq1 and id is 165 raw text is: THE
INTERNATIONAL LAW
QUARTERLY
Volume 1                    No. 2            Summer 1947
WILL THE JUDGMENT IN THE NUREMBERG
TRIAL CONSTITUTE A PRECEDENT IN
INTERNATIONAL LAW?
By PROFESSOR HANS KELSEN, of the University of California
1. IN his report to the President of the U.S. of October 15, 1946, on
the Nuremberg Trial, Mr. Justice Jackson said that the rules of
law applied by the International Military Tribunal in the trial of
the German war criminals have been 'incorporated' into a
' judicial precedent '.  ' A judgment such as has been rendered
shifts the power of the precedent to the support of these rules of
law. No one can hereafter deny or fail to know that the principles
on which the Nazi leaders are adjudged to forfeit their lives con-
stitute law-law  with a sanction '.1   The correctness of this
statement is doubtful.
A precedent is a judicial decision which serves as a model for
subsequent decisions of similar cases. In order to be a precedent,
the decision of a tribunal must conform with certain formal and
material conditions which the judgment of Nuremberg does
not fulfil.
The first condition is that the judicial decision must establish
a new rule of law. This rule of law must be created by the judicial
decision, not by the act of a legislative organ, br by custom, or by
an international treaty (which is equivalent to legislation). It is
New York Times, October 16, 1946, p. 23.
153
r.J.Q.                                              11

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