'THE TRIBUTE OF POWER TO REASON' THE LESSONS FROM NUREMBERG.

• Author: King Jr., Henry T.
• Position: Brief Article

Nuremberg strongly extended the reach of international law for individuals as to their obligations and their rights. In terms of responsibility, it eliminated the defence of both sovereign immunity for top-drawer officials and the defence of superior orders. And in terms of human rights, it held that individuals had certain inviolable rights, which could not be abridged by nation States (i.e. Germany).

Nuremberg introduced a new dimension to 'international law. It brought to justice the leaders of a nation engaged in starting wars. It confronted those who carried out wartime atrocities with responsibility for their crimes. Finally, it characterized as international crimes the massive killing of individuals for racial, religious or political reasons.

Nuremberg marked the real start of the international human rights movement. It was the forerunner of the European Human Rights Convention, and was the progenitor of the Universal Declaration of Human Rights and of more than 30 human rights conventions. It foreshadowed the trials now taking place at The Hague and in the United Republic of Tanzania for violations of human rights in Bosnia and Herzegovina and in Rwanda. It also laid the basis for punishment of the type of crimes which General Pinochet has been charged with responsibility for having committed in Chile.

The Rome Statute of the International Criminal Court, which 120 nations have approved, is a direct outgrowth of Nuremberg. It moves toward the realization of Justice Jackson's dream of a permanent and independent institution for maintaining international peace and security. In essence, the crimes on which it is based are Nuremberg-type crimes.

Nuremberg represented the greatest moral advance growing out of the Second World War. In mankind's history, it was, as Justice Jackson said, "the most significant tribute that power has ever paid to reason". What are its lessons?

* That individuals have responsibilities under international law which transcend their obligations under national and local law - that these...