Wrong in so many ways!


This film should not be so highly rated, as it praises what it portrays, an illegitimate court that serves a made up justice. If a film was made on the trial of Saddam Hussein's trial that praised it, it would never be seen.

"We played with life and lost." - Jules et Jim, François Truffaut.

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If only you had been alive to protest outside the Palace of Justice.

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[deleted]

What it portrayed was in the courtroom, and that part was fact-based.

It ignored the larger, more important debate of the actual legitimacy of the proceedings.

"We played with life and lost." - Jules et Jim, François Truffaut.

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Indeed.

It is uncritical about the actual legitimacy.




Yours,

Thusnelda


The Mass Man
http://www.youtube.com/watch?v=qzPT4GFA2YY

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Ordinarily I ignore it when people take their opinions and, without any justification, state those opinions as if they were “given facts.” However I think I’ll make an exception here due to the nature of the subject, and present a case in support of the Nuremberg Trials.

At the very heart of the matter is the issue of law and justice, and the moral obligation of the one to serve the other. A moral obligation that transcends the limits of any national tradition and culture. A moral obligation that is fundamental to human existence and cannot rightfully be usurped by any cultural legal code.

As an undergraduate I had the privilege of studying medieval history under Dr. Katherine Drew, a notable scholar of the Italian Renaissance. In the course of our studies we inevitably came to the subject of Joan of Arc. Some of the students had difficulty suppressing their feelings of outrage over Joan’s trial and execution. Dr. Drew obviously agreed with their sentiments. But with a smile on her lips she responded to this outpouring of anger by repeatedly saying, “It was a legal trial.”

Remembering all this much later, the answer to Dr. Drew’s response suddenly came to me. “Legal by whose law?” By the law of the English who committed the atrocity? What validity is there in that? If it was morally wrong, how could it be excused and justified by calling it “legal?”

(And as an aside let me say that I have great respect and admiration for the English and for their incalculable contributions to western civilization. But as with all people they too have their moments which do not show them in the best light. The Joan of Arc matter is one of them. Even Winston Churchill had trouble with it in his monumental History Of The English-Speaking Peoples.)

Although there have been many occasions when this moral principal ought to have been addressed, the one time when it was given actual legal status was during the Nuremberg trials. Proceedings conducted on the recognition that there are human rights which governments cannot disregard and deprive people of, and then claim their actions were acceptable and authorized by their “law.” And that those officials who commit such acts can rightfully be held accountable and judged by humanity.

Of course the Nuremberg trials were conducted in response to an extreme and horrendous case of governmental oppression, and that undoubtedly explains why such a reaction took place on this occasion and not at other times in human history. And the trials were made possible only by the fact that Germany was totally defeated and the victorious occupying powers had no restrictions on their ability to enforce their will.

But regardless of that, the moral principle endures. There were no extenuating circumstances for the horrors perpetrated by the German nation, and humanity had every moral right to judge and punish them for it.

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[deleted]

AIDS Army in Africa!!!!????
you may have a valid complaint re Germany but IMHO it is as a Sunday School Picnic compared to what has already started via america!!!!!
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You really are *beep* E D !!

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[deleted]

[deleted]

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[deleted]

It doesn't take a genius to see that the wars of the nearish future will be over oil and IMHO J Doe is being "fattened up" to turn a blind eye to the atrocities that will come from america, same as german people were by Hitler. And I for one can see it has all started in Africa by the american spread of AIDS to make it a pushover when america comes to get their oil

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Maybe the wars of the future wiil be oil wars - but if the Americans spread AIDS to get at oil they have been spectacularly unsuccessful. The top 4 African oil producing countries (Angola, Algeria, Nigeria and Libya) all adult HIV rates at or below 3%!

South Africa has a catastrophic HIV infection rate, but it comes in 39th in terms of global oil production. Australia, Malaysia, Colombia, Argentina and India all produce more oil than the lower ranked African countries - why hasn't the US "spreads AIDS" there?

Just because you "for one" believe in a conspiracy doesn't make it true. Where's your evidence?

Next you'll be saying Harold Holt was taken by a Chinese submarine!!!

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[deleted]

[deleted]

When you talk such utter bilge, you can't be taken seriously. What "millions" did the UK lose? Total UK war deaths (military and civilian) were 338,000.

Stalin wanted to immediately execute over 45,000 German military officers and German civil servants. The Trials were an elegant way to pacify the Soviets from committing mass revenge murder. Look it up.

So put on your tin foil hat, and back to your cave with you. The nurse will be along shortly with your meds.

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But regardless of that, the moral principle endures. There were no extenuating circumstances for the horrors perpetrated by the German nation, and humanity had every moral right to judge and punish them for it.


Your last sentence is revealing and tells it all:

You’re supporting the „collective guilt“ theory that the „German nation“,i. e. all Germans were guilty – and even oppose the German people to „humanity“ – just as if they weren’t humans.





Random One-liners
http://www.youtube.com/watch?v=HeTMeYzhG8k

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[deleted]

A very interesting post. But I must take slight issue with Professor Drew: Joan of Arc's trial was conducted in a fraudlulent manner - in fact that was the foundation of the re-trial, some 25 years later. There were several very glaring and nasty irregularities, starting with lack of legal guidance for Joan, misleading her on several points, including the option of taking the case to the Pope, and in the consequences of her abjuration; and continuing all the way to Cauchon attempting to falsify the record: something about which Guillaume Manchon, chief recorder, and his assistants, refused to cooperate. On the basis of his correct record, Manchon was able to help Charles VII set the re-trial in motion (one of the copies of the testimony has pages not present in Manchon's record, lacks the recorders' signatures on the bottom of each page, and is detrimental to Joan's case). Manchon and his assistants are among the unsung heroes of Joan's story. Several judges resigned from the case in disgust. So, no, in actuality, Joan of Arc's trial was not legal.

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I’m glad you found the post to be interesting.

And I won’t challenge you on your knowledge of this particular case. My interests lie elsewhere, and I could better expound on the intricacies of the Robert III, Mahaut, Inheritance of Artois matter than I could on Joan of Arc.

But I’ve always pretty much taken for granted that the trial and re-trial really weren’t about issues of heresy or legal correctness. The English acted simply out of spite because a woman, who therefore had no business on the battlefield as far as they were concerned, had inflicted humiliating defeats on them. And Charles VII and friends found it expedient to exonerate the person who had made his coronation possible.

I have no doubt that there were many irregularities in the trial. But I also doubt there has ever really been “a government of laws, not men.” And certainly not in 15th Century Europe. I’m sure that was Professor Drew’s view. There was nothing “right” about what the men who were running things did to Joan, but it was rendered “legal” for the one and only reason that they had the power to do it and proclaim it as “legal.”

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The movie questions the legitimacy and usefulness of the Nuremberg trials. It also shows how they were manipulated for political reasons. Both Judge Heywood and Colonel Lawson are 'invited' to be easy on the Germans because in the post-war Col War world the USA will need Germany as an ally.

This world is a comedy to those that think, a tragedy to those that feel.

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It neglects the main debate on the Nuremberg Trials in academic circles to this day, the justifiability and precedent-setting use of victor's justice.

"We played with life and lost." - Jules et Jim, François Truffaut.

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It neglects the main debate on the Nuremberg Trials in academic circles to this day, the justifiability and precedent-setting use of victor's justice.


Yes, the list of legal principles broken in this trial is long.





Yours,

Thusnelda

Random One-liners
http://www.youtube.com/watch?v=HeTMeYzhG8k

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Moral of the story. If one starts a war to the purpose of global domination, one should be victorious in that endeavor. Pay back is a ****h.

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It neglects the main debate on the Nuremberg Trials in academic circles to this day, the justifiability and precedent-setting use of victor's justice


I believe that point is taken into consideration when Judge Heywood remarks that after having juging soldiers, they're now judging ordinary men like laywers and judges.

This world is a comedy to those that think, a tragedy to those that feel.

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I don't think we're talking about the same thing at all.

The tribunals were set up by the allied powers to try the losing Germans for war crimes. Not only was inventing a court for this purpose illegitimate, having the allied powers as the judge and jury severely biases the proceedings. This is the definition of victor's justice. It is the same reason the aforementioned trial of Saddam Hussein is considered illegitimate by academics: there was widespread American influence (not surprising as they were acting as a foreign occupier and brought about the means for the trial in the first place).

Law is meant to be applied evenly. That is the definition of justice. Establishing a new court with new laws for new defendants severely circumvents many of the core values of the legal system.

"We played with life and lost." - Jules et Jim, François Truffaut.

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This film should not be so highly rated, as it praises what it portrays, an illegitimate court that serves a made up justice. If a film was made on the trial of Saddam Hussein's trial that praised it, it would never be seen.


Very well said.



Yours,

Thusnelda

Random One-liners
http://www.youtube.com/watch?v=HeTMeYzhG8k

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I think it's ridiculous that liberals gainsay the Nuremburg trials for academic reasons, when horrible injustices were committed during the War. The basis for the trials was Natural Law and the decency that any normal conscience understands

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Not liberals, academics. There is a clear and important difference.

Natural law is an extremely outdated concept, and should never be used as a defense of an international tribunal, especially when it and the laws that it holds dear are created after the crimes themselves.

"We played with life and lost." - Jules et Jim, François Truffaut.

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Natural law is outdated? That's an interesting concept.
If there is no natural law, then where does law come from? Victor's justice is just as viable a candidate, is it not?
If we cannot judge Nazi Germany, then their judgment is left to their own laws by which they were innocent. Why go to war then?

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[deleted]

1. The question of the legitimacy is independent of the poltical camp – no matter if you’re liberal, conservative or anything else.
2. That a long list of the most basic legal principles (also the ones of procedure) was broken, puts the court inself in a doom light.
If there is no legal basis, thus a trial (and / or procedure) illegal, the people holding the trial are criminals themselves (e.g. murderers).
3. Allied commited crimes in WWII, too – but they weren’t put on trial.





Yours,

Thusnelda


The Mass Man
http://www.youtube.com/watch?v=qzPT4GFA2YY

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Anybody who thinks the people indicted by the Nuremburg Trials didn't get what they deserved can go to hell and join them!

And... academics? Any "academic" who has some sort of philosophical problem with the concept of the Nuremburg Trials will almost certainly be a liberal

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No one is saying they didn't deserve it. We're saying the Western powers didn't have the legal right (nothing to do with philosophy) to indict them. I bet you use vengeance as an argument in favour of capital punishment.

"We played with life and lost." - Jules et Jim, François Truffaut.

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Thusnelda, I think you're talking about two different things. One deals with crimes committed by individuals during the course of war. There are legal avenues to deal with those. The second deals with the potential complicity of an entire nation in crimes against humanity. How does one deal with the second instance?

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[deleted]

I'm always drunk and sometimes stupid. Thanks for contributing!

"We played with life and lost." - Jules et Jim, François Truffaut.

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I agree with you that it was victor's justice. I'm also inline with Hans Rolfe's line of questioning Russia, Vatican, Churchill, American industrialists and concluding that Janning's guilt is the world's guilt.

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Philosophically, he had a defensible point.

In practical and legal terms, "Mom, he did it too!" is not a defense. The trial is about the specific accused. That someone else ought to be accused and tried too doesn't address the guilt of the guy standing trial.
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Nothing to see here, move along.

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As the General says with unintentional irony "He doesn't understand. He just doesn't understand." It is amazing that you could see the movie, grasp the arguments made, and conclude that the decision was somehow wrong or the court unjustified. I can only assume you are being deliberately obtuse.


"I'll book you. I'll book you on something. I'll find something in the book to book you on."

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The trial was not on its own legitimacy, it just assumed it. That was the problem and the fact that you read this entire thread still not understanding that does not demonstrate my obtuseness. Had I actually said that the decision was incorrect, you would have a point but you clearly misread everything.

"We played with life and lost." - Jules et Jim, François Truffaut.

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Where should they have been tried? Just curious.


What we have here is failure to communicate!

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Either in Germany by Germans or they should have spent more time creating a court up to the standards of the ICC. This court was hastily put together and had no regard for impartiality and the rule of law.

"We played with life and lost." - Jules et Jim, François Truffaut.

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Do you know enough about the historical circumstances at the time to say that it would have been possible to create a court up to the standards of the ICC?

Do you have any idea what the other allied countries thought of these trials?

The US has done a lot of immoral things, before and after WWII, but that doesn't mean that what they did in Nuremberg was wrong also.

Furthermore for the OP to say that the movie is "wrong in so many ways" and that the movie glorifies the trials, I think, completely fails to notice that the movie raises most if not all of the OP's points itself, in the defense attorney's arguments.

The movie does not glorify the US, to the contrary, it shows the US's crassness when it cares more about diplomacy with Russia than coming to a verdict based on the merits of the case.

You can say that the tribunal did not have a case, but that issue also was raised in the movie.

And, I think the main point of the movie wasn't to celebrate the trials at all; rather, the movie used the trial as a vehicle to explore the events of the war, how specific prominent Germans responded, and how the German people as a whole resonded. In this regard it functioned sort of like The Reader, in raising the question of how anyone would behave in a similar situation. It causes people to examine their own consciences and ethics. It examines the simple question of how such a thing could have happened. It presents the dangers of caring more about "patriotism" AND one's professional success than about what's right and wrong.

The scenes between the judge and the housekeepers, and the judge and the general's wife were just as importnt as the trial scenes.

I'd say that only two people in the movie were in any way "glorified": the prosecuting attorney and the judge. However they clearly are shown as individuals, acting out of their own sense of morality, and not as instruments of the US.



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Hi decroissance. The reason I haven't yet responded to your post is because it's the first thoughtful post that was also critical of my arguments. It has been a while since I saw the film and so I will make it a point to re-watch it and re-evaluate my original opinion.

"We played with life and lost." - Jules et Jim, François Truffaut.

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Thanks for answering. If you see it again, let me know what you think.

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The US has done a lot of immoral things, before and after WWII, but that doesn't mean that what they did in Nuremberg was wrong also.


The “Nuremberg Trials” were a mockery of law.

And, I think the main point of the movie wasn't to celebrate the trials at all; rather, the movie used the trial as a vehicle to explore the events of the war, how specific prominent Germans responded, and how the German people as a whole resonded. In this regard it functioned sort of like The Reader


Both movies are grotesque propaganda.


Yours,

Thusnelda


The Ides... are Upon us.
http://www.youtube.com/watch?v=rc-yg04rVw4

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it has been years since you posted this and probably you wont read my reply but who knows...

you're trying to be objective and that's good.. you said that the movie showed USA's crassness and didnot celebrate the trials.. yet it is rather fair to say that the movie did celebrate condemning these judges. I sure won't be saying that they are innocent because they are not, but when you celebrate the decision taken then in a way you are legitimizing the trial..

the USA bombed Hiroshima and nothing happened. what they did is in no way lesser than that of Hitler.. the Japanese were helpless there and they wanted to surrender still USA did bomb them.

John Perkins in his book "Economic Hitman" says that every American even if he doesn't know works for the empire.. etc.
so really can I accept these american courts just because they won and the Germans lost?

I know the film tried to explore and all of this.. it's a well made film btw.. but it is a big flaw to deal with this point lightly when the movie is about what happened in one of these trials. I was really irritated when the film ended. But after all.. it's an American movie:)

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I have always thought the Nuremburg Trials as a touchstone of justice. Atrocities, horrendous and massive, had been committed by the German State, in the name of the German State. Therefore, the German State abrogated its right to conduct the trials.

Who committed these atrocities? Did they have the right people who committed these atrocities? What is the approriate punishment? When the State takes possession of your body with accusation of a crime, and when the state intends to incarcerate that body or execute that body, the State had best have the right person for the right crime with substantial evidence/documentation that that person did the crime.

The Nuremburg tribunal established that an Atrocity, horrendous and massive, had been committed and Prosecutors did this with Nazi documentation and with filmed footage of the extent and nature of the atrocities. So that others cannot deny that these events occurred and to confirm the extent of these events. (Lord, deliver us from Holocaust Deniers.)And the punishment meted out was appropriate.

The question the film 'Judgment at Nuremburg' raises is the extent of knowledge about these events that the common citizen had. Leni Yahil in THE HOLOCAUST, asserts that people farmed or worked within close proximity of these camps, and could smell the camps from where they worked; hence, knowledge of these camps was more widespread than not.

Should a whole nation be indicted, individuals of that nation be indicted, for what was State Policy regarding extermination of the Jews? And the answer to that question is a resounding "YES!" The film may not go that far, but certainly that is not an illogical conclusion.

There is a general belief amonst scholars, that the vast majority of perpetrators were never tried. Only Nazi leaders were executed. There is a certain sadness knowing that people who supervised on a daily basis the killing of innocent people, were allowed to go home after the war and sleep in comfortable beds knowing that they had been involved in massive killing; and they were never to be tried in a court of law.

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Surely - if the mandatory sentence is death, a judge has no.choice in the matter?

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