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Có nhiều tội ở nước này đưa vào luật hình sự mà nước khác thì không. Ngay cả trong các bộ luật đôi khi cũng không rõ ràng về ranh giới giữa dân sự và hình sự. | The Nuremberg trials international law in the making 27 government they will have something to look back on and be warned in advance . T he United States doesn t expect anything out of this and we are anxious to make a record here that will be a lesson to the German people.32 The assumption of Western moral superiority implicit in the liberal values expressed in the Indictment was accepted as a necessary underpinning for the construction of a new moral and political order. There were also legal problems raised by the trial. The provision of evidence was far from ideal. Vital material on the genocide of the Jews only emerged with the capture of the commandant of Auschwitz Rudolf Hoss in March 1946 and his testimony arrived too late to be included fully in the trial proceedings. The Soviet Union provided unsworn written depositions about German atrocities in the east but refused to allow Soviet citizens to be called as witnesses at Nuremberg. In the early summer of 1945 Jackson s team circulated a secret memorandum making it clear that it was inexpedient to wait until all the material for trial had been gathered together and that the case should rest on the best evidence readily available .33 The whole idea of 32 Imperial War Museum FO 645 Box 162 interrogation of Fritz Wiedemann taken at Nuremberg 9 October 1945 pp. 22-3. 33 NA II RG 107 McCloy papers Box 3 draft Planning Memorandum 13 May 1945 pp. 3-5. 28 RICHARD OVERY conspiracy did prove difficult to demonstrate and in the end three of the defendants von Papen Schacht and Fritzsche were found not-guilty on all four counts. Subsequent historical research has confirmed that no such thing as a concerted conspiracy existed though a mass of additional evidence on the atrocities of the regime and the widespread complicity of many officials judges and soldiers in these crimes has confirmed that despite all the drawbacks of the trial and of its legal foundation the conviction that this was a criminal system was in no .
