) NUREMBERG TRIALS Honorable delegates, in behalf of MUNCASXI 2016 we will like to give you the warmest welcome to the Nuremberg Trials. We are pleased to have you in our committee, we are sure that you will have plenty of fun with us and the knowledge you will gain will be useful for your future academic and personal life. We want to introduce ourselves to create an idea of our academic development. First, as a member of the chair we count with Manuela Flórez, a student from tenth grade. She has participated as a delegate in MUNUR 2015, MUNCAS 2013 as delegate and in MUNCAS 2015 as logistics member; she has been in the school for ten years, where she has stood out because of her good academic performance and values. As a second member of the chair we count with María Paula Torres, student from tenth grade. Her first participation in a Model of United Nations was in fifth grade as a floor messenger, then since sixth grade she has been in every MUNCAS version participating as a delegate in multiple committees, most of them has been in English because of her strength in this second language she participated in MONUA 2016 as a delegate in African Union. We look forward to meeting you delegates, to contribute to what is sure to be a memorable experience for all MUNCAXI 2016 participants. If you have any doubt we are pleased to help you. Manuela Flórez and Maria Paula Torres NUREMBERG TRIALS NUREMBERG TRIALS INTRODUCTION As you know, this is a historical committee and will take place on November 20th 1945 in the city of Nuremberg, Germany. You are now a lawyer from the allies, a defendant lawyer from the German council, a member of the Nazi party or a witness from the trial. During the debate days you’ll have the opportunity of changing history and you will learn about the Nazi crimes and their impact in our international laws today. This committee has no need of any law knowledge, every single protocol of the trial will be explained by the chair in this guide, we counted with the help of the Spanish Lawyer Luisa Fernanda Aldana, who explained each of the aspects that will be mentioned during the trial. 1. Accused stand at Nuremberg Trials HISTORICAL BACKGROUND Nazi Germany and Imperial Japan unleashed World War II with the intention of establishing a permanent dominion over Europe and Asia respectively, using the military apparatus. These two countries were the most important members of the Axis alliance, which was based on anti-Communism and dissatisfaction with the world order after World War I. Under the leadership of Adolf Hitler, Nazi Germany sought to obtain a vast new empire of "living space" in Eastern Europe and the Soviet Union. The Nazi 2. Hitler giving out a speech at Nuremberg, leadership calculated that the realization of Germany German hegemony in Europe would require NUREMBERG TRIALS NUREMBERG TRIALS waging war and began planning a European war from the day the Nazis came to power in late January 1933. The Japanese Empire pursued a policy of military conquests that had the support of the emperor, the military and members of the educated elite who sought dominance and Japan's influence throughout East Asia and the Pacific Ocean. In 1936, Germany and Japan formed an anti-Communist front aimed at the Soviet Union. For several years the Germans led separate attacks just too violent to countries like Poland, Czechoslovakia and the Soviet Union. To this we must add the conquest of territories violently and the killing of Jews or Roma citizens of these territories with the excuse that did not belong to the Aryan race. These killings were created within the laws of the German political apparatus that supported the extermination of this ethnic group both outside and within the territory; these laws also included 3. Territory occupied by the Nazis the planning and execution of plans surprise attacks to territories with presence of Jews. WWII ended in September 2nd 1945. TRIAL CONTEXT World War II ended in 1945 with the allies’ triumph, and a deep feeling for justice against the crimes committed by the Nazi Party lead by Adolf Hitler came along with it. This same year, the victorious nations lead the beginning of the legal proceedings against the principal leader of the genocide that ended with the life of millions of Jewish. Adolf Hitler had already committed suicide. This was the first time a victorious nation was judged by an international court because of it’s war actions, but it also was the first time a nation committed a genocide of the size. The process of greater weight, given that the defendants were the heads, took place in Nuremberg, a German city, against 24 survivors of Nazism, since November 20th 1945. As in charge of directing the judgment and hand down the sentence, s the 4. Group of Jews in the Auschwitz concentration camp NUREMBERG TRIALS NUREMBERG TRIALS London Charter established an International Military Tribunal, which was composed of the following permanent judges: Geoffrey Lawrence, the United Kingdom, Francis Biddle, United States, Henri Donnedieu de Vabres, France, and Iona Nikitchenko, Soviet Union. Each of them had a substitute. The chief prosecutor was Robert H. Jackson, USA judge. Those four countries (United States, Soviet Union, Britain and France) were the first subscribers of the London Agreement of August 8, 1945, the then other 19 states joined. It was decided to conduct trials in the city of Nuremberg because the bigger and better crowds of supporters of National Socialism were in the main square of this city. Nuremberg was seen as the source of the Nazi philosophy. It was in this city where the Nuremberg Laws were signed, which included antiSemitic elements important for the development of World War II. During the court, both defense lawyers and prosecuting lawyers were able to present evidence to argue their accusations and guilt of the accused to each of the four charges against, at the beginning of the trial. During the sessions various statements of eyewitnesses who refused to be part of the trial were presented, and at least 2700 signed documents of the Nazi party that belonged to the Third Reich, because, for the defendant lawyers, the prosecutors’ physical evidence was not enough to finish the allegations, and argued that the possibility of witnesses to question them directly in relation to acts perpetrated by each of the defendants opened tool. In addition to having a defense lawyer, each defendant had the opportunity to move to the witness stand to be questioned by the 4 delegates advocated by the victorious Allied Nations (France, UK, USSR and USA) and their respective counsel. The accused remained in prison inside the Palace of Justice in Nuremberg, guarded by American soldiers led by Colonel Andrews and psychologically assisted by a doctor of the American army, who was responsible for ensuring the mental health of the accused to prevent further suicides; accusing lawyers presented reports to determine whether they had psychological causes that influenced the decisions of violence taken by the Nazi leaders. The trial ended on October 1st 1946, on this day the judges dictated the statement for each one of the accused. Of the 24 defendants presented at the start of the court: 3 of them were acquitted of their charges, 12 of them were sentenced to death by hanging, 3 sentenced to life imprisonment, and the rest were sentenced between 10 and 20 years in prison. At the time, the death penalty issue entered into discussions with the attorneys general, because it 5. Judges at Nuremberg Trials NUREMBERG TRIALS Comentado [VRP1]: Can’t be understood. NUREMBERG TRIALS was not known if Nazi officials were considered soldiers or ordinary citizens, since the manner of death varied from one another. COMMITTEE PROTOCOL No use of parliamentary language for delegates representing defendants, who can speak in first person, unlike delegates who are lawyers, they will be reported in the third person at all times. During the sessions only points of personal privilege are allowed, points of order will be only used by the chair. The committee will develop similar to the way real trial does. The project will start with a preliminary meeting between parties, where the key issues will be discussed to treat as the chief prosecutor (in this case the table) indicated. Then each of the charges will be held and the proceedings will start with opening statements from each of the defendants. This means they will have the opportunity to express why they are innocent or guilty. Then, the development of the committee will be that of a normal trial: lawyers for the Allied Nations will present their points, they will call the witnesses to the stand and make the respective questions. It should be noted that only lawyers have the right to present evidence, but if the defense attorney ignores it, any defendant may make delivery to the table. All delegates may file objections; elements or statements with which you do not agree or are making false statements on your behalf. Remember that all evidence must be delivered to the table to check its validity. Delegates, this is a historical commission. We want you to find a way to make things change, defend yourself in the best possible way and make the sentence that was set before to change, use all international legal elements you can find for your good, you must take into account the signing of legal documents within the Third Reich and the consequences it had in other countries. Remember that the point is to change history and bring surprises with it. HOW TO PROCEED: All individuals should have a position paper in which they explain their incidence in the topic and their respective participation. DEFENSE ATTORNEY: - Should have an active communication with their assigned accused. - Should develop and build strong questions that can validate the innocence of their defendant - Has the obligation to find or search for determined documents that work as evidence of their first statement - Its important to talk respectfully to the defendant and avoid the direct questions that could give confusion to the accused. NUREMBERG TRIALS NUREMBERG TRIALS - We recommend to analyze the case in a depth, by uniting not only the perspective they build from previous information but also taking into account the defendant position, including its biography. You can change history, use witnesses, provide documents, pictures and interpret in your own way any information YOUR MAIN CONCERN IS TO EXPOSE YOUR DEFENDANT AS INNOCENT PROSECUTING ATTORNEY: - Should know all of the accusations the accused are blamed for. - Has the obligation to find or search for determined documents that work as evidence of their first statement - You can change history, use witnesses, provide documents, pictures and interpret in your own way any information - We recommend you to watch previous trials that can help you with the reliability you should have as a prosecuting attorney. - Don’t forget the use of academic vocabulary as a method to sound sure of your accusations - YOUR MAIN CONCERN IS TO EXPOSE THE ACUSSED AS GUILTY WITNESS: - You have the responsibility to learn the biography of the person you represent, know exactly what happened, be sure of your statements - Should have an active communication with the side that called them as witnesses - Need to think wisely the answer’s to the questions made by the other side - Should develop complete sentences - Have the opportunity to explain their point of view - Don’t forget the use of academic vocabulary as a method to sound sure of your experience - YOUR MAIN CONCERN IS TO CONVINCE THE LAWYERS, AND CHAIR OF YOUR STATEMENT. ACUSSED: - The debate is mainly formed around your statements and points of view - You were part of the Nazi party; you have to be informed of all your previous actions - Its important to leave behind any personal thoughts about the topic, you have to talk as the person you represent and take into account their perspective - You should have an active communication with your lawyer as a way of proving your innocence - YOUR MAIN CONCERN IS TO PROVE YOUR INOCCENCE GENERAL INFORMATION HOW IT WILL BE RULED? At the beginning of the session the chair will give a brief contextualization with the aim of defining the main themes to be developed in the days of court. There will be lobby time for defense counsel to have the opportunity to speak with their defendants to discuss the allegations. The committee will develop as NUREMBERG TRIALS NUREMBERG TRIALS an ordinary court, which means that the main court judges begin with accusations that comprise each of the representatives of the Nazi party. Then the accused will have the opportunity to say whether they are innocent or guilty. After that, the court will proceed with the first issue, calling each of the defendants on the stand for questioning by both sides, defense and taxation. Until we have the statements of each of the defendants on the subject to be treated we may not admit evidence. It will be handled in the same way for both issues. HOW MUCH TIME FOR EACH STAGE? There will be a segment of 10 to 15 minutes for each questioning, the questions should be in context and there can’t be any direct afirmations to the acussed. If the delegates consider they need time to have a lobby time to prepare their things the chair will consider 3 minutes for this. HOW TO OBJECT? If at any time the defendant is offended or attacked it should be reviewed by the attorney. At any time the defendant may make an objection. To enter an objection the lawyer can interrupt the person who is talking, since it is another lawyer or a defendant making a statement; it cannot be interrupted if the main judges are talking. EVIDENCE If at any time either party wishes to introduce evidence like: witnesses, documents or conversations, they must announce to all those invited, and present it to the chair. The board will decide whether it is relevant to the case, as its accuracy and reliability. GUIDANCE QUESTIONS Delegates it is necessary for you to look up for information that is useful in each one of the cases, we will recommend you to follow these questions: a. b. c. d. e. f. g. What are Nuremberg Trials? Relevant people on Nuremberg Trials Who were the accused? Role of (Delegation) at Nuremberg Trials Accusations toward (Delegation) Evidence presented by (Delegation) The penalty received by (Delegation) We will also recommend you to look up some videos of the trial, also you should watch the History Channel documentary about Nuremberg Trials. Finally, we should add that anything you need you can communicate with us. GLOSSARY NUREMBERG TRIALS NUREMBERG TRIALS Delegates, it is important that the information here mentioned is consulted more exhaustively and searched in a more specific way by each one of you. You have to take into account some of these concepts during debate because they are the bases or the court. GENEVA CONVENTIONS: Four treaties, and three additional protocols, that established the standards of international law for the humanitarian treatment in war. HAGUE CONVENTIONS: International treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. The Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. INTERNATIONAL LAW: International Law defines the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries. WAR CRIMES: At the heart of the concept of war crimes is the idea that individuals can be held criminally responsible for the actions of a country or its soldiers. More generally: violations of the laws or customs of war. CRIMES AGAINST HUMANITY: Atrocities and offences committed against any civilian population, before or during the war. BIBLIOGRAPHY: History Channel. (-). Nuremberg Trials. 2016, de History Channel Sitio web: http://www.history.com/topics/world-war-ii/nuremberg-trials United Nations. (-). Derecho Internacional . 2016, de Naciones Unidas Sitio web: http://www.un.org/es/globalissues/law/ ADL. (2006). Nuremberg Trials 60th Anniversary. 2016, de ADL Sitio web: http://archive.adl.org/education/dimensions_19/section2/testimonies.html#.V5LdkZNK ukp Yale Law School. (2008). Avalon Project. 2016, de Yale Law School Sitio web: http://avalon.law.yale.edu/subject_menus/witness.asp Jacques Bernard Herzog. (1997). Recuerdos del proceso de Nuremberg.. 2016, de Sitio web: http://www.derechos.org/nizkor/doc/herzog.html USHMM. (-). LA LUCHA CONTRA LA NEGACIÓN DEL HOLOCAUSTO: PRUEBAS DEL HOLOCAUSTO PRESENTADA EN NUREMBERG. 2016, de USHMM Sitio web: https://www.ushmm.org/wlc/es/article.php?ModuleId=10007438 NUREMBERG TRIALS NUREMBERG TRIALS The Nizkor Proyect. (-). The Trial of German Major War Criminals. 2016, de - Sitio web: http://www.nizkor.org/hweb/imt/tgmwc/tgmwc-08/tgmwc-08-73-07.shtml Eco Revisionista. (2009). Incólumes en el Juicio de Nuremberg. Los Argumentos de la Defensa. 2016, de Wordpress Sitio web: https://ecorevisionista.wordpress.com/2009/08/03/incolumes-en-el-juicio-denuremberg-los-argumentos-de-la-defensa/ Cruz Roja. (-). ESTATUTO DEL TRIBUNAL MILITAR INTERNACIONAL DE NUREMBERG. 1945. . 2016, de Cruz Roja Sitio web: http://www.cruzroja.es/dih/pdf/estatuto_del_tribunal_militar_internacional_de_nuremb erg.pdf NUREMBERG TRIALS
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