Justice Essay Hsc

Justice Essay Hsc-40
Including killing of hostages, ill-treatment of civilians, use of forced labor and looting of public and private property and racial persecution.

Including killing of hostages, ill-treatment of civilians, use of forced labor and looting of public and private property and racial persecution.The International Military Tribunal, the prosecutors consisting of lawyers and judges from the United States, France, England and the Soviet Union had countless evidence of these crimes committed by the Nazis, however to serve justice to every individual for their inhumane actions was impossible.

Despite the IMT being formed by the victors to punish the aggressors in the war, this type of trial was legitimate and the Nazi defendants were allowed "due process of law" unfortunately, the same cannot be said of the millions of innocent victims who suffered at the hands of these Nazi officials and the organizations they either led or participated in.

The Nuremberg trials opened on November 20th, 1945. Jackson was the Representative of the United States and Chief of Council.

The Nuremberg Trials took place during the immediate aftermath of World War II.

They were the first trials in history to indict an entire regime for aggressive war crimes.

Kelsen also argued that the concept of justice is too vague to be defined and that even if law is immoral, it still should be followed.

Austin’s view stems from the positivist argument that Law is Law because of sovereignty and procedures.In fact, German law, at that time, simply legitimized the massive deportations, enslavement and eventual execution of innocent civilians who the Nazis declared "enemies of the state".Under German law, the victims never had the privilege of a trial or adequate representation, unlike the Nazi leaders at Nuremberg, who helped orchestrate crimes and atrocities.Literally thousands of men who willingly participated in massive genocide evaded justice and lived comfortable lives in other countries.The Nuremberg Trials were successful in "officially" recognizing the atrocities of the Nazis during and before World War II but they were not successful in holding all accountable for their administrative or direct participation in Nazi genocide. Rosenbaum asserts in his book, Prosecuting Nazi War Criminals: "In short, only a minority of planners and perpetrators were ever brought to trial....However, the meaning of Justice is very difficult to define. Much of the issue of justice is very controversial and raises questions such as whether the combination of Law and system produce a just result?There are many aspects of justice that we may question about; i.e. Justice has a definition as follows: ‘The quality of being just or fair, the act of determining rights and assigning rewards or The logical extension of this view is that the Legal rules of a country can be broken if they do not conform to moral Laws, a view that was favoured by St. This theory of Natural Law can be contrasted with Positivism.It was a response to such unprecedented crimes of brutality against innocent men, women and children throughout Europe.These crimes required a different type of court because they were of such brutal nature and because their victims had no rights under German law.Natural lawyers conflict with positivist thinkers who believe that if the Law is made according to correct procedure, then it should be followed however much it conflicts with morality.Positivists like Kelsen argue that Law and morality are entirely separate concepts, and believes that justice is abstract, therefore it is has no concept in Law.


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