18 Defense Comment Summer 2019 Book Review – continued from page 17 The Nuremburg Trial As trial attorneys, we have seen and picked juries, but never one quite like the Nuremburg Tribunal. There were eight judges, two apiece appointed by the United States, Britain, France, and the Soviet Union. Unlike an appellate court, these judges were fact finders. Those four allied powers each had their own prosecution team. The United States’ chief prosecutor was Supreme Court Justice Robert Jackson, who took a leave from the Court. Lemkin did not have a formal role in the prosecution, but called himself a “Legal Advisor” to Jackson. Lemkin wrote a lengthy memorandum to Jackson to encourage him to charge the Nazi defendants with “genocide,” permiting the defendants to be charged for their roles prior to the war and the mass murder of millions of people. This would include the various German laws (ironically promulgated by the Nazis in Nuremburg Germany), which dehumanized, stripped Jewish citizens of rights and property, and ultimately resulted in the attempted extermination of a people. Lauterpacht assisted the British prosecutors, and was dead set against a theory of genocide. His belief was that the mass murder of individuals was a better theory, and applied responsibility for crimes against humanity for the murder of all those individuals. Lauterpacht, and some of the prosecutors, were concerned that they would be unable to get the judges to convict on a charge of genocide, and wanted to make sure that the prime defendants were convicted and duly punished. As it turned out, the closing argument delivered by the chief British prosecutor referenced both genocide and crimes against humanity. When the Tribunal rendered its judgment, it did not, however, reference genocide, much to Lemkin’s unhappiness. Eighteenofthe21defendants were convicted, and 12 were sentenced to death. Lauterpacht and Lemkin Never Met! Although both young men lived at various times in the same city, and at different times on the same street (albeit not neighbors), attended the same university (at different times), wrote and delivered many speeches on the subject of international crimes, and provided assistance to the Nuremburg prosecutors, they never did meet. The subject matter of this book is a bit grim, but it is a very good read. As noted above, the author’s grandfather grew up on that street, and Sands’s family history is intertwined with the Lemkin- Lauterpacht story. You probably won’t bring it to the beach this summer, but if you appreciate history and trial strategies, I think you will be glad you took the time to read it. David A. Levy David A. Levy is a semi- retired attorney, who serves asamediatorandarbitrator in Redwood City. He is a past member of the ADCNCNBoardofDirectors, and served as an editor of this magazine for five years.