Somewhere in the Middle: The Nuremberg and Tokyo Trials as a Model for Postwar Trials in Iraq

Abstract

Research into methods for defeat of an ideology suggest that three areas must be considered when attacking an ideology -- legitimacy, reeducation, and economy. But the deeper problem of fear must be addressed before they can be addressed. Reduction of fear in a nation requires a return of the rule of law, the defining event of which is the creation and implementation of a judicial system to try war criminals. Do postwar Germany and Japan provide lessons in the creation and implementation of a judicial system to try war criminals of the former Iraqi regime? This study concludes that post World War II trials provide a valid historical reference for the creation of a court for war criminals in Iraq. Differences in the creation and conduct of the two trials give insight into lessons that must be inculcated into a modern trial. Additionally, they have become instilled in the judiciary of the United Nations with the Nuremberg trials becoming the model upon which international law was codified.

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Document Details

Document Type
Technical Report
Publication Date
May 26, 2004
Accession Number
ADA429115

Entities

People

  • Thomas A. Crowson

Organizations

  • United States Army Command and General Staff College

Tags

Communities of Interest

  • Energy and Power Technologies
  • Weapons Technologies

DTIC Thesaurus Topics

  • Civil War
  • Genocide
  • Governments
  • Intergovernmental Organizations
  • International Law
  • International Organizations
  • International Relations
  • Iraqi-War
  • Judiciary
  • Law
  • National Politics
  • Personnel Management
  • Political Systems
  • Second World War
  • Social Sciences
  • Sociopolitics
  • Treaties

Readers

  • Military History of the United States in the 20th Century.
  • Political Violence and Terrorism Studies.