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37 Colum. J. Transnat'l L. 851 (1998-1999)
The Procedural and Evidentiary Rules of the Post-World War II Crimes Trials: Did They Provide an Outline for International Legal Procedure

handle is hein.journals/cjtl37 and id is 859 raw text is: The Procedural And Evidentiary Rules of the Post-World War II War Crimes Trials: Did They Provide An Outline For International Legal Procedure? EVAN J. WALLACH* This Article examines and analyzes the rules of evidence and procedure applied in the trials of major war criminals at Nuremberg and Tokyo and in a representative sampling of the trials that have followed. It reaches several conclusions. First, the rules of procedure were devised by American lawyers who based them on American law. Second, the intentionally amorphous nature of those rules left room for fair or unfair trials, for just or unjust results. Finally, the author echoes Telford Taylor to emphasize the importance of studying the historical lessons to inform the shaping of legal proceedings in the future. I. THE EVOLUTIONARY HISTORY OF THE WORLD WAR II TRIALS ........................................... 854 A. The Genesis Of The International Tribunals.......... 855 II. THE RULES OF PROCEDURE AND EVIDENCE WHICH EVOLVED FROM THE LONDON CONFERENCE ............. 859 A. The Creation Of A Tribunal For Germany .......... 860 B. Rules For The Tokyo Tribunals And Its Progeny ..... 863 III. APPLICATION OF THE RULES; DID GOOD INTENTIONS Go BAD? ......................................... 868 * Judge, United States Court of International Trade; Adjunct Professor, Law of War, New York Law School. The author first took an interest in this subject when, as an Army National Guard Captain during the Persian Gulf War, he was assigned as an Attorney/Advisor in the International Affairs Division of the Office of The Judge Advocate General of the Army. As part of his duties he researched the question of precedents for possible war crimes trials against potential Iraqi defendants. The views expressed herein are, of course, purely his own, and do not represent any expression of official position by either the United States Court of International Trade or the United States Army. The author wishes, as always, to thank his wife, Dr. Katherine C. Tobin for the forbearance she habitually shows when he is lost in his own world of research. A specific note of gratitude is also due the Yale University Avalon website which has placed online most of the transcripts and many of the basic documents relating to the first Nuremberg trial.

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