EVOLUTION OF FAIR TRIAL STANDARDS: FROM NUREMBER TO MODERN INTERNATIONAL CRIMINAL PROCEDURAL LAW

The article is a straightforward examination of the Nuremberg Trials, measuring their double legacy both as a cornerstone of international criminal procedural law and an object of procedural criticism.The trials, held between 1945 and 1946 by the International Military Tribunal (IMT), were intended to try the leaders of the Nazi Germany for war crimes, crimes against humanity, and crimes against peace.We begin by highlighting the core legal principles, that were established during the trials -such as individual criminal responsibility and the principle that compliance with superior orders does not release one of guilt -which have become the fundament of modern international law.The article offers a critical legal analysis by comparing the tribunal's achievements with its procedural failures.These are: it's creation by the victorious Allied powers of the tribunal with raising issues of "victor's justice"; the lack of neutral judicial oversight.The next sections discuss how the IMT Charter granted certain rights -like access to defense and cross-examination -but implemented them in unequal ways, most often to worsen the situation of defendants.The article stresses that while representation by attorneys was allowed, restrictions on evidence presentation, lack of adequate preparation time, and lack of resources undermined the defense's ability to present a case fully.The following article contains an important comparison of Nurnberg Trials and IMT with subsequent international tribunals and institutions, such as the International Criminal Court (ICC) and the International Criminal Tribunal for the Former Yugoslavia (ICTY).It is argued that these institutions have solved some of Nuremberg's procedural weaknesses by having opportunities for an appeal, stricter evidence rules, and more unbiased constitution of the tribunals.We claim, that the Nuremberg Tribunal played an important role in laying the fundament of liability for international crimes and gave birth to major legal documents, like the Genocide Convention and the Rome Statute.The article is supported by references to prominent legal minds such as Bassiouni, Cassese, and Schabas, positioning it as a part of discourse among scholars.Overall, the article includes a mature perspective that pays respect to the history of Nuremberg but argues for further enhancement in the direction of international criminal procedural law.