The law is one way to seek justice after genocide. After World War II, both international and domestic courts conducted trials of accused war criminals. Beginning in the winter of 1942, the governments of the Allied powers announced their determination to punish Axis war criminals. On December 17, 1942, the leaders of the United States, Great Britain, and the Soviet Union issued the first joint declaration officially noting the mass murder of European Jews and resolving to prosecute those responsible for crimes against civilian populations.
Signed by the foreign secretaries of the government of the United States, government of the United Kingdom, and the Soviet Union. The October 1943 Moscow Declaration stated that at the time of an armistice persons deemed responsible for war crimes would be sent back to those countries in which the crimes had been committed and judged according to the laws of the nation concerned. “Major” war criminals, whose crimes could be assigned no particular geographic location, would be punished by joint decisions of the Allied governments. The trials of leading German officials before the International Military Tribunal (IMT), the best known of the postwar war crimes trials, took place in Nuremberg, Germany, before judges representing the Allied powers.Many nations which Germany occupied during World War II or who collaborated with the Germans in the persecution of civilian populations, especially Jews, have also held national trials in the years following World War II. Poland, the former Czechoslovakia, the Soviet Union, Hungary, Romania, and France, among others, have tried thousands of defendants—both Germans and indigenous collaborators, in the decades since 1945. The Soviet Union held its first trial, the Krasnodar Trial, against local collaborators in 1943, long before World War II had ended. Perhaps Poland’s most famous postwar national trial was held in 1947 in Krakow. The proceedings tried a number of functionaries of the Auschwitz concentration camp and sentenced Auschwitz camp commandant Rudolf Höss and others to death. One of the most famous national trials of German perpetrators was held in Jerusalem: the trial of Adolf Eichmann, chief architect in the deportation of European Jews, before an Israeli court in 1961 captured worldwide attention and is thought to have interested a new postwar generation in the crimes of the Holocaust. Unfortunately, many perpetrators of Nazi-era criminality have never been tried or punished. In many cases, German perpetrators of National Socialist crimes simply returned to their normal lives and professions in German society. The hunt for German and Axis war criminals still goes on today.
Chief US Counsel Justice Robert Jackson delivers the prosecution’s opening statement at the International Military Tribunal. Nuremberg, Germany, November 21, 1945. — National Archives and Records Administration, College Park, Md.
Zeze Underhill
The Holocaust - A Visual History 