The Nuremberg Trial between History and Law

Organized by Elisabetta Fiocchi and Alexa Stiller

The Nuremberg Trial (1945-1946) marked a milestone in the history of law and international justice. They were the first international tribunal established to prosecute the crimes of the main leaders of the Nazi regime, accused of crimes against humanity, war crimes, and crimes against peace. Held in the city of Nuremberg, symbolically chosen for its importance during the Nazi regime, the trials involved 24 defendants, including Hermann Göring, Rudolf Hess, and Albert Speer. The tribunal was conducted by an international court comprising judges from the four victorious powers of World War II (the United States, the Soviet Union, the United Kingdom and France).

The trials were groundbreaking in introducing fundamental principles of international law, such as individual responsibility for international crimes and the inadmissibility of the defense of superior orders. The charges addressed crimes that went beyond national law, tackling issues of universal relevance. The proceedings were characterized by complex legal and moral debates, with defenses raising issues such as the retroactivity of the norms and the politicization of justice. The sentences resulted in severe punishments for many defendants but also drew criticism for their selective nature, highlighting the delicate balance between justice and politics.

The seminar aims to critically reflect on the Nuremberg Trial by analyzing their history, the legal discourse present in the defenses and sentences, the positions of international legal scholarship and the testimonies. This approach seeks to understand the ethical and legal implications of the trials and their enduring impact on international law and the concepts of global justice.

Topics

• Retroactivity and Legality: A Study of the Charges of Crimes Against Humanity and War Crimes
• The Concept of Individual Responsibility in International Crimes: The Contribution of the Nuremberg Trials to International Criminal Law
• The Evolution of the "Obedience to Superior Orders" Principle in International Tribunals After Nuremberg
• The Role of Testimonies in the Nuremberg Trials: Historical Memory and Judicial Truth
• The Legal Discourse of the Defense: Strategies and Arguments Used by the Defendants' Counsel
• Retroactivity and Legality: A Study of the Charge of Crimes Against Peace
• The Nuremberg Trial in the Discourse of International Legal Scholars and Criminal Lawyers in the 1940s: Sheldon Glueck, Hans Kelsen, Hersh Lauterpacht, Carl Schmitt, Aron Trainin, and Quincy Wright 
• The Legal Construct of Conspiracy in Nuremberg: Differences between the Civil Law and the Common Law Systems?
• The “Nuremberg Principles”: The Legacy of the International Military Tribunal in the Organization of the United Nations

I. Academic Requirements

Writing Master’s thesis and presenting it at the seminar is required. In addition, active participation in the discussions of other participants’ papers is expected. The oral performance will be factored into the final grade.

II. Place and Time

The seminar will take place at the University of Zurich. Room and dates (2 days) are to be determined.

III. Proceeding of the Seminar

The seminar will be held in English and/or in German. Each day consists of presentations of student papers and ensuing discussions.

IV. Master Thesis

It is possible to write the thesis in German or in English (100.000 characters/around 40 pages).

V. Application and Registration

Please applyhere

After having booked the seminar and having received a confirmation from the system please write an email to: elisabetta.fiocchi@ius.uzh.ch.

VI. Thesis Deadline

The final date to submit thesis will be on the 10.11.2025.