Word: rnberg
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That Justice Robert Jackson had made a great speech when he opened the Nürnberg trial, the world already knew. Just how great it was the world saw more clearly last week when Sir Hartley William Shawcross, Britain's Attorney General, opened the case for the British prosecution. Sir Hartley is one of Britain's most brilliant jurists. His day-long speech was an impressive, tightly logical, exhaustive dissertation. Yet rarely did it match Jackson's bold attempt to find law in ultimate source-the principles of men- rather than in statute, treaty, precedent...
Mused Hess in his Nürnberg cell: "The decision . . . was without doubt the hardest I ever made. It was rendered easier, however, when I visualized the endless rows of children's coffins in both Germany and England, with mothers in dire distress following behind, and similar rows of mothers killed by bombs, with crying children following. I assume many people will interpret this as misplaced sentimentalism...
...CHALICE OF Nürnberg...
...nobly worded, nobly intentioned statement opening the Nürnberg trials, U.S. Prosecutor Robert Houghwout Jackson presented a warning and a goal: "We must never forget that the record on which we judge these defendants today is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well. We must summon such detachment and intellectual integrity to our task that this trial will commend itself to posterity as fulfilling humanity's aspiration to do justice...
...rnberg, or the seeming lack of it, worried many a worrier. Nobody had formulated the doubts very well. But they existed: Justice Jackson's whole statement to the Court was an attempt to meet them. He bluntly said that the charter of the Nürnberg tribunal, completed three months after V-E day, was the ex-post-facto law on which the trials were based. He cited some precedents for the master charge (the unratified Geneva Protocol of 1924, the Kellogg-Briand Pact, various League of Nations declarations treated aggressive war as an international crime). But, with more...