Steps to trial
On 8 May 1945, Nazi Germany surrenders to the Allies. At first, the Instrument of Surrender is signed in Reims; Keitel, von Friedeberg and Stumpff sign the German Instrument of Surrender in Berlin a few days later, marking the end of war in Europe. Prominent Nazi leaders would be captured on 23 May 1945, including some that would stand trial in Nuremberg.
On 8 August 1945, the Charter of the International Military Tribunal is written and issued; they would govern the Nuremberg trials. Within, three types of crimes were identified for this purpose; crimes against peace, war crimes and crimes against humanity.
Crimes against peace was defined as "namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing". The invasion of Poland and Czechoslovakia breached this.
War crimes was defined as "namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity". The ordered execution of prisoners of war breached this.
Crimes against humanity was defined as "namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated". The Holocaust and related genocides breached this.
Crimes against peace was defined as "namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing". The invasion of Poland and Czechoslovakia breached this.
War crimes was defined as "namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity". The ordered execution of prisoners of war breached this.
Crimes against humanity was defined as "namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated". The Holocaust and related genocides breached this.
The trial is largely organized, but needs a host city. The Soviet Union suggest the German capital, Berlin but was rejected by the other Allies; After assessing various cities, Nuremberg is suggested for its relative intactness of both the Palace of Justice which acted as the courthouse, and the Grand Hotel which acted as a place to stay. In addition, the Allies thought it would be a fitting place to try them, as Nuremberg had acted as the place where the Nazis had effectively 'started'; they held their annual rallies there and publicized their Nuremberg laws there.