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Judgment of the International Military Tribunal (Germany v. Italy)

Nuremburg, Sept. 30, 1946
Reprinted in 41 A.J.I.L. 186-218 (1946)


Facts

Members of the National Socialist (Nazi) Party in Germany (defendants) orchestrated an invasion of Poland in 1939 and also seized Austria and Czechoslovakia, beginning World War II. The defendants’ invasion had been pre-planned and carefully orchestrated in order to expand the territory of Germany. The defendants knew that war would probably be necessary to achieve their goals. Under the terms of the London Agreement—signed after World War II by France, the United Kingdom, the Union of Soviet Socialist Republics (U.S.S.R.), and the United States—an International Military Tribunal was formed to try the war criminals of World War II, including the defendants. The Nuremburg Charter that formed the tribunal defined crimes against peace as “planning, preparation, initiation, or waging of a war of aggression, or a war in violation of international treaties.”

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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