Beginning in 1945 with his prosecution of war criminals during the Nuremberg War Crimes Tribunal, the work of Benjamin Ferencz has long focused on issues of international criminal justice and world peace. A strong supporter of the International Criminal Court, Mr. Ferencz advocates steps to replace the “rule of force with the rule of law.” This website is devoted to his life' work - from transcripts of the Nuremberg hearings to his more recent writing and lectures dealing with the current questions confronting the world.

THE HOLOCAUST AND THE NUREMBERG TRIALS

From the UN Chronicle, December 2005

The greatest tribute we can pay to the memory of those who perished in the Holocaust and similar tragedies is never to stop trying to make this a more humane and peaceful world.

The United Nations Charter of June 1945 expressed the determination “to save succeeding generations from the scourge of war”. Its Preamble spoke of the equality of nations, large and small, and called for enhanced social justice, tolerance and respect for international law. In August 1945, the United States, the Soviet Union, Great Britain and France signed another Charter, creating the International Military Tribunal (IMT), to bring to justice some of the German leaders responsible for aggression, crimes against humanity and related atrocities. How far have we come and what more must be done before these noble goals can be achieved?

Germany had surrendered unconditionally and each of the four occupying Powers assigned leading jurists to serve as judges and prosecutors for the IMT. It was agreed that the proceedings had to be absolutely fair; the situs would be in Nuremberg, the home of Nazi party rallies. Robert H. Jackson, a leading architect for the trials, took leave from the United States Supreme Court to serve as America's Chief Prosecutor. In his opening statement, he set the standard: “We must never forget that the record on which we judge these defendants today is the record on which history will judge us tomorrow.”

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New! Benny Stories: Reflections on events, experiences and people in the life of Ben Ferencz.

Ferencz Addresses American Bar Association

VIDEO: Ferencz address (CSPAN, Nov 11, 2005). [Click to download video - Windows Media]

TEXT: Q&A with Ben Ferencz

Ferencz response to Amnesty International question on fair standards to prosecute terrorism - August 2006

On Hussein's Execution:

Dear Friends:

As soon as Saddam was apprehended, I wrote a piece on my web (Dec.16, 2003) which concluded:

"...A fundamental principle of the ICC, already set up in the Hague but not yet operational, makes clear that the nation state of the accused shall always be given priority if it is able and willing to provide a fair trial. The wording of the Iraqi statute calls for war crimes trials run completely by Iraqis but also allows the use of non-Iraqi judges if the Governing Council deems it necessary. It should be possible for expert help to be recruited not merely as judges but also to assist the prosecution, defense and administration so that it is obvious to all that trials and judgment will be fair in every way. Following the Nuremberg precedent, the first trial should include leading accomplices either in custody or in absentia. Speed is important but the proceedings must be carefully prepared and time limits set on both prosecution and defense to present their case. Not every crime need be included in the indictment. There will be enough evidence readily on hand to justify any sentence. Trials of lesser offenders can follow. Whether a remorseless mass killer should be sentenced to death is a difficult question. There can never be a balance between the lives of a few mass murderers and the lives of their countless victims. Humanitarian law has moved away from imposing death as a penalty. It should be left to Iraqi judges to decide what is most appropriate to bring peace and reconciliation to their war-ravaged country."

My views have not changed. Justice has been served and the rule of law has been upheld that tyrants, no matter how high their station, will be held accountable for their crimes against humanity

Happy New Year!

Ben

Interview with The Legal History Project (May 2006)