ИНФОРМ-ДОСЬЕ «НЮРНБЕРГСКИЙ ПРОЦЕСС: СЛЕДСТВИЕ, ОБВИНЕНИЕ, ПРИГОВОР» (к 75-летию начала Международного военного трибунала над нацистскими преступниками)

«У советского народа, принявшего на себя самые мощные, самые жестокие удары агрессора и прошедшего величайший жертвенный путь к Победе, был к нацистам свой, высший счёт — за погибших на полях сражений, за раненых и искалеченных, за разрушенные города и выжженные сёла, за массовые убийства людей на оккупированных территориях» (из выступления президента России В.В. Путина на Международном научно-практическом форуме «Уроки Нюрнберга»).

1 октября 1946 года в немецком городе Нюрнберге был провозглашен приговор Международного военного трибунала,  осудивший главных нацистских преступников. Нередко его называют «Судом истории». Это был не только один из самых  крупных судебных процессов в истории человечества, но и важнейшая веха в развитии международного права. Нюрнбергский процесс юридически закрепил окончательный разгром немецкого фашизма.

Здание Дворца юстиции, где проходил Нюрнбергский процесс

Идея суда над теми, кто развязывает войны и совершает в ходе них военные преступления, не нова. Впервые подобный процесс состоялся по окончании Первой мировой войны. 23 мая 1921 года в Лейпциге начался суд над 45 гражданами Германии, обвиняемыми в совершении военных преступлений. Но в «Лейпцигском трибунале» рассматривались дела лишь исполнителей, поскольку имена германских генералов и адмиралов, отдававших приказы, из списка вычеркнули.

Представители Франции на Лейпцигском процессе 1921 года

С этой точки зрения Нюрнбергский процесс, проведенный Международным военным трибуналом с 20 ноября 1945 года по 1 октября 1946 года, стал беспрецедентным. Впервые на скамье подсудимых оказались первые лица целого государства, обвиняемые в совершении военных преступлений и геноциде (кстати, само это слово тоже впервые открыто прозвучало именно в Нюрнберге). Нюрнбергский трибунал поставил фактическую точку в истории Второй мировой войны и отправил на виселицу ее главных виновников.

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Вид на скамью подсудимых Нюрнбергского процесса во время оглашения приговора

Страны-победительницы СССР, США, Великобритания и Франция  в ходе Лондонской конференции  утвердили Соглашение о создании Международного военного трибунала и его Устава, принципы которого  Генеральная Ассамблея Организации Объединенных Наций  утвердила как общепризнанные в борьбе с преступлениями против человечества.

Рейхсмаршал Герман Геринг и рейхсминистр Рудольф Гесс на скамье подсудимых
Допрос начальника штаба Верховного командования вермахта Вильгельма Кейтеля
Допрос фельдмаршала Фридриха Паулюса на Нюрнбергском процессе

«Все обвиняемые и различные другие лица в течение ряда лет до 8 мая 1945 года участвовали в планировании, подготовке, развязывании и ведении агрессивных войн, которые также являлись войнами в нарушение международных договоров, соглашений и обязательств». Обвиняемые проводили политику преследования, репрессий и истребления врагов нацистского правительства. Нацисты бросали в тюрьмы людей без судебного процесса, подвергали их преследованиям, унижениям, порабощению, пыткам, убивали их. 

Преступления немецких фашистов в Советском Союзе

В соответствии с Лондонским соглашением  Международный военный трибунал был сформирован на паритетных началах из представителей четырех стран. Главным судьей был назначен представитель Великобритании лорд Джеффри Лоренс. От других стран членами трибунала были утверждены:

  • от СССР заместитель председателя Верховного Суда Советского Союза генерал-майор юстиции И.Т. Никитченко
  • от США бывший генеральный прокурор страны Ф. Биддл
  • от Франции профессор уголовного права А. Доннедье де Вабр.

Каждая из четырех стран направила на процесс своих главных обвинителей, их заместителей и помощников. Советский Союз представлял генеральный прокурор УССР Руденко Р.А.

Председатель Международного военного трибунала Джеффри Лоуренс
Советский караул у здания трибунала

Военный процесс в Нюрнберге длился десять месяцев. Всего было проведено 216 судебных слушаний. Каждая сторона представила  доказательства преступлений, совершенных нацистскими преступниками. Из-за беспрецедентной тяжести преступлений, совершенных подсудимыми, возникали сомнения — соблюдать ли по отношению к ним  демократические нормы судопроизводства. Например, представители обвинения от Англии и США предлагали не давать подсудимым последнего слова. Однако  французская и советская стороны настояли на обратном.

Советская делегация правоведов на Нюрнбергском процессе
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Главный обвинитель от СССР Р.А. Руденко выступает на заседании суда
Выступление главного обвинителя от США Роберта Джексона
Выступление главного обвинителя от Великобритании Хартли Шоукросса
Выступление представителя обвинения от Франции А. Доннедье де Вабра

Сказывалось также послевоенное обострение отношений между СССР и Западом  и подсудимые умело тянули время, рассчитывая уйти от заслуженного наказания. В такой непростой ситуации ключевую роль сыграли жесткие и профессиональные действия советского обвинения. Окончательно переломил ход процесса фильм о концлагерях, снятый фронтовыми кинооператорами. Жуткие картины Бухенвальда, Майданека, Заксенхаузена, Освенцима полностью сняли сомнения трибунала.

Главные фашистские убийцы Гитлер, Гиммлер и Геббельс так и не предстали перед судом, так как они совершили самоубийство незадолго до конца войны. Фактически перед судом предстал только 21 подсудимый. Трибунал обвинил их в преступлениях против мира, военных преступлениях и преступлениях против человечности, то есть: «убийства, истребление, порабощение, депортация… или гонения по политическим, расовым или религиозным мотивам».

Нюрнбергский трибунал, создав прецедент подсудности высших государственных чиновников международному суду, опроверг средневековый принцип «Короли подсудны только Богу». Именно с Нюрнбергского процесса началась история международного уголовного права. Принципы, закрепленные в Уставе Трибунала, вскоре были  подтверждены решениями Генеральной ассамблеи ООН как общепризнанные принципы международного права.

МАТЕРИАЛ ПОДГОТОВИЛИ БЕЛЕНКО М.А., КАШТАНОВА Л.А.

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