Duquesne Law Review


F. Regan Nerone


Twenty years have now passed and still the controversy continues as to whether or not the trials at Nuremberg were in compliance with international law. Although the trials of the major war criminals are now left to the historian, they are still of great importance to the formulation of present international law and are therefore of great interest to the legal profession. Throughout the history of man war has plagued our society. At no time prior to the adoption of the Charter of the International Military Tribunal did the creation of war constitute a crime. The basic problem faced by Nuremberg was whether or not the Allies could make the creation of war a crime. In order to answer this question it must first be ascertained whether or not the Allies had jurisdiction to prescribe a mandate of this nature and, secondly, whether or not they had jurisdiction to enforce that mandate.

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