1921年5月至6月,曾有一系列针对被指控犯下战争罪者的审判,即在第一次世界大战结束前夕的由德意志帝国最高法院主持的莱比锡战争审判(英语:Leipzig War Crimes Trials),但审判规模十分有限,并且通常被认为无效。1940年初,波兰流亡政府要求英国和法国政府谴责德国入侵波兰。英国最初拒绝了这一请求;然而,1940年4月,英国、法国和波兰发表了联合宣言。因为英、法有所保留,所以内容相对乏味可陈,宣布三国「希望以正式和公开的方式唤醒世界在目睹德国政府行径的良知,德国政府必须对这些罪行负责,决不能免受惩罚。」[5]
^Cooper 2011, p. 38. "On October 6, in Berlin, the Chief Prosecutors signed the momentous Indictment setting forth the charges ... against Hermann Göring and his associates and the six organizations, named as criminal, to which they belonged."
^See, e.g.,Zolo互联网档案馆的存檔,存档日期2010-08-13.(Victors' Justice (2009) by Danilo Zolo, Professor of Philosophy and Sociology of Law at the University of Florence.
^See, e.g., statement of Professor Nicholls of St. Antony's College, Oxford, that "[t]he Nuremberg trials have not had a very good press. The are often depicted as a form of victors' justice in which people were tried for crimes which did not exist in law when they committed them, such as conspiring to start a war."Prof. Anthony Nicholls, University of Oxford (页面存档备份,存于互联网档案馆)
^"Victors' Justice: The Nuremberg Tribunal," by Michael Biddiss, History Today, Vol. 45, May 1995
^See, e.g.,BBC Article for BBC by Prof. Richard Overy (页面存档备份,存于互联网档案馆) ("[T]hat the war crimes trials ... were expressions of a legally dubious 'victors' justice' was [a point raised by] ...senior [Allied] legal experts who doubted the legality of the whole process... There was no precedent. No other civilian government had ever been put on trial by the authorities of other states... What the Allied powers had in mind was a tribunal that would make the waging of aggressive war, the violation of sovereignty and the perpetration of what came to be known in 1945 as 'crimes against humanity' internationally recognized offences.
Unfortunately, these had not previously been defined as crimes in international law, which left the Allies in the legally dubious position of having to execute retrospective justice - to punish actions that were not regarded as crimes at the time they were committed.")
^See Paper of Jonathan Graubart, San Diego State University, Political Science Department, published online Graubart Article互联网档案馆的存檔,存档日期2011-04-30., referring to the ex post facto nature of the charges.
^'Harlan Fiske Stone: Pillar of the Law', Alpheus T. Mason, (New York: Viking, 1956)
^David Luban, "Legal Modernism", Univ of Michigan Press, 1994. ISBN 9780472103805 pp. 360,361
^U.S. military personnel and their wives were under strict orders to destroy or otherwise render inedible their own leftover surplus so as to ensure it could not be eaten by German civilians. Eugene Davidson "The Death and Life of Germany" p.85 University of Missouri Press, 1999 ISBN 978-0-8262-1249-8
^ 30.030.1Under the authority of H.M. Attorney-General. The Trial of German Major War Criminals - Proceedings of the International Military Tribunal Sitting at Nuremberg Germany. 1 (20th November, 1945 - 1st December, 1945). London: His Majesty's Stationery Office. 1946: 50–51 (英语).