The IG Farben Trial: Evidentiary Standards and Procedures and the Problem of Creating Legitimacy
成果类型：
Article
署名作者：
Brudney, Allie
署名单位：
Harvard University
刊物名称：
HARVARD INTERNATIONAL LAW JOURNAL
ISSN/ISSBN：
0017-8063
发表日期：
2020
页码：
245-280
关键词：
摘要：
This Note examines the evidentiary standards and procedures created for and used in the I.G. Farben II. Because the I.G. Farben Trial was not bound by technical rules of evidence, the three judges on the tribunal had broad discretion to develop evidentiary rules and standards. This Note argues that the I.G. Farben judges created evidentiary rules and procedures as they arose during the trial, with no preexisting philosophy. Faced with competing factors, they based their decisions on which factor-speed and efficiency, the defendant's due process protections, the prosecution's rights-they weighed more heavily in that instance, often choosing efficiency to finish the trial more quickly. This ad hoc creation of standards and procedures led to unorthodox practices and a lack of uniformity both within the trial and across the Subsequent Nuremburg Trials. This is the first article to examine closely the evidentiary standards and procedures in the I.G. Farben Trial. More generally, this is one of the only articles to look at standards and procedures at the Subsequent Nuremberg Trials in detail.