Applying Lessons of Nuremberg to the Present by Grigore Scarlatoiu

Applying the Lessons of the Nuremberg Trials to the Present

by Grigore Scarlatoiu, MALD '02

On Friday, October 19, a lecture by Benjamin B. Ferencz, former Nuremberg prosecutor and Adjunct Professor of International Law, Pace Law School was organized by Sebastian Knoke and Rocky Weitz of the Fletcher International Law Society.

Professor Ferencz expressed his views on the past, present and future of human rights, crimes against humanity and universal jurisdiction. Professor Ferencz also commented on the future of these issues in light of the September 11 attacks and the effort to apprehend the perpetrators in Afghanistan in its aftermath.

While Fletcher students were intrigued to hear the views of a former Nuremberg prosecutor, they were also charmed by Professor Ferencz’s charisma, sense of humor and nuanced viewpoints.

According to Professor Ferencz, progress in the field of human rights comes slowly. Fundamental human views change gradually, but there have been many instances when such views were indeed, fundamentally changed. After all, a few centuries ago everyone thought the Earth was flat. Only a few decades ago, the right to vote here in the United States was denied due to racial and gender discrimination.

Humanity learns slowly and often after paying a tremendous price. It took 20 million lost lives for the League of Nations to become reality, and another 40 million before the United Nations was born. Since the end of WW II, 100 million lives have been sacrificed in conflicts all around the world. It is unfortunate that change occurs only after tragedies such as the one in Rwanda shock the world’s conscience. Even then the world, including the U.S., knew it would happen, but did nothing about it, still paralyzed by the unfortunate Somali experience.

Although an enthusiastic supporter of the U.N., Professor Ferencz considers one obstacle to progress to be the inherent tension built in the U.N. Charter, which advocates the sanctity of both human rights and national sovereignty. According to Professor Ferencz, national sovereignty is a "medieval concept," hardly appropriate for the 21st century.

Professor Ferencz feels that the war crimes tribunals in former Yugoslavia and Rwanda, especially the International Criminal Court, have finally begun a process that builds on the foundations laid by the Nuremberg trials. There may be questions to be asked, there may still be uncertainty regarding some issues, and there may be states that still reject the ICC, but progress is certain to follow. How is progress to be made? "Slowly," says Professor Ferencz.

Societies have managed to outlaw violence around the world. However, the society of states is still unable to outlaw violence in the conduct of state affairs. For the first time in history, the Nuremberg trials were able to outlaw war per se. Future generations have to build up on the principles established at Nuremberg. Claiming to be a winner in the aftermath of a war is really a false notion. Death is the only victor of violent conflict.

Professor Ferencz believes that Bin Laden is, beyond reasonable doubt, directly responsible for the September 11 attacks. Whether further evidence is collected or not, incriminating evidence against him has been everywhere in the media for all eyes to see. The intention of the September 11 attack was to kill countless numbers of people. Unlike "collateral damage," such an attack purposefully aims at maximizing the body count. The attack was unquestionably a "crime against humanity."

How should we deal with such crimes? According to Professor Ferencz, the process should involve stopping the killing, bringing the perpetrators to justice and making sure such crimes do not happen again.

Understanding the mind of the perpetrators is the true key to success, said Professor Ferencz. Benjamin Ferencz, the Nuremberg judge, dealt with SS officers who had boasted of having killed more that 30 thousand people in a couple of days. It was a matter of pride for the officers.

Their actions had been documented and the written evidence left no room for the doubt as to their intentions. Many of them held a doctoral degree; some of them even two. Few of them, if any, had any regrets over their crimes. Why? Because of a fanatical belief in what they believed to be a "better world", where there was no room for tolerance or compassion.

Professor Ferencz suggests that when dealing with the global threat of terrorism, one should remember the lessons of Nuremberg. The motives behind acts of terrorism may seem incomprehensible to many at this time. It is important however, to analyze why the perpetrators of the September 11^th attacks did what they did, even if it seems senseless, to learn from these times, and to learn from the annals of history, particularly from the lessons of Nuremberg, so that we can move forward to outlaw such violence in the future.

For more information see http://www.benferencz.org.


President Bush vows a powerful response...	...as America prepares for war.

Comments? Write us at letter@fletcherledger.com

[return to Home Page]