Thomas’s criticism points to another failure of Nuremberg: that the defendants were tried by the parties they were accused of injuring. All the judges involved were appointed by the Allies, who also provided the Statute of the Tribunals, determined the rules of evidence, and arranged the prosecutors. This was a clear warning that Nuremberg would be unable to provide justice—that it could dispense only victor’s justice, which would focus on acts by the indicted parties while ignoring similar acts—which I discuss below—committed by the Allies. Such a court cannot be seen as legitimate in a
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