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

Reprinted in 41 A.J.I.L. 186-218 (1946)

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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

Issue

Holding and Reasoning

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