Trends in Admissibility of Hearsay Evidence in War Crime Trials: Is Fairness Really Preserved?
Journal: Duke journal of comparative & international law
Year: 2018

In the course of war, who determines what is just and fair? Fairness and justice are and should be universal constants; however, the paths to fairness and justice must be malleable and adapt to different circumstances. The Nuremberg trials were marked by a conscious effort to avoid “victor’s justice” and provide a fair trial to the defendants who committed acts of atrocity. This paper examines whether this goal was achieved in the Nuremberg, Tokyo, and International Criminal Tribunal for the for