The Nuremberg Military Tribunals derived their rules of evidence from three sources: Article VII of Ordinance No. 7; the evidentiary provisions of the Uniform Rules of Procedure, which Tribunal I drafted and adopted in the Medical case; and the ‘fundamental principles of justice which have been accepted and adopted by civilized nations generally’. This chapter discusses the evidentiary issues that the tribunals addressed. Section 1 discusses two threshold issues, admissibility and the standard of proof. Section 2 deals with testimonial evidence, including the tribunals' controversial practice of taking evidence via commissioners. Section 3 focuses on documentary evidence, particularly the widespread use of affidavits in lieu of live testimony. Section 4 examines how the tribunals applied the doctrines of res judicata and judicial notice and dealt with the decisions of their predecessors.
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