To judges in charge of clarifying the laws and procedures by which Nazi leaders would be judged and the post‐World War II Nuremberg trials would be conducted, a new notion was necessary because “war crimes” and “crimes against peace” did not cover the scope, extent and characteristics of Nazi crimes. “The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated,” argued US Justice Jackson. Nazism had attacked the very fiber of civilization, but how could justice define what a crime against “civilization” meant? The notion of “crimes against humanity” which judges and jurists from France, the Soviet Union, United Kingdom and United States discussed raised many questions: what defines “humanity,” what kind of crimes can be judged under that name, in the name of which community the tribunal is legitimated? In its final agreement, on August 8, 1945, the
London Charter of the International Military Tribunal
defined “crimes against humanity” as: