Evening star., 1945-08-06
War Trials as q Symbol

More important than announce
ment that trial of Nazi war GRIM
inals will begin on September l in
Nuremberg is the imminent agree
ment, reported by the Associated
Press, among delegates to the four
power War Crimes Conference on an
indictment of aggressive warfare"
as basis for the trials.
If the report is accurate in its
forecast, another landmark in in
ternational law has been established
and Justice Robert H. Jackson has
achieved a great triumph for prin-
ciples which have guided his states
manlike conduct as chief American
counsel on the Allied War Crimes
Commission.
Up to this time this commission
has not covered itself with glory.
Uncertainty and delay seem to have
marked its rather futile delibera-
tions. There probably was not much
difference of opinion as to the pun
ishment of war criminals. Stand
ing them up against a wall and
shooting them undoubtedly would
have met the need, as some have
seen it. But from the beginning of
his assignment Justice Jackson has
been working to establish a prin-
ciple, through the war criminal
trials, of far greater enduring sig
nificance than the ultimate fate
of individuals. Nearly two months
ago he reported to the President
on the 'inescapable responsibility"
resting on this country in the trial
of war criminals, preferably in as
sociation with others, but alone If
necessary" And ten days ago he
was reported as ready to quit the
London committee and proceed
with the trials alone If agreement
was not reached. His journey to
Potsdam evidently brought about
the agreement.
Justice Jackson has been fighting
to make of the forthcoming trials
an effective demonstration of the
validity of agreements against ag-
gressive warfare which were repudi-
ated by Nazi Germany. This would
be done by formal trial and punish
ment of those guilty of violating
such agreements, a new concept
which if recognized and adopted by
the civilized world will of itself in
f1uence continued efforts in the
maintenance of peace. Justice Jack
sons own eloquent expression of
this concept formed a part of his
report to the President early in
June, and these parts of it which
follow represent the nub of an
argument which seems to have pre-
vailed:
"The legal position which the
United States will maintain '*' is
relatively simple and nontechnical.
We must not permit it to be COM
plicated or obscured by sterile
legalisms developed in the age of
imperialism to make war respect
able.
Doubtless what appeals to men
of good will and common sense as
the crime which comprehends all
lesser crimes is the crime of max
ing unjustifiable war. War neces-
sarily is a calculated series of kill
ings, of distinctions of property, of
oppression. Such acts unquestion-
ably would be criminal except that
international law throws a mantle
of protection around acts which
otherwise would be crimes, when
committed in pursuit of legitimate
warfare -.
international law is more than
scholarly collection of abstract
and immutable principles. 1t is an
outgrowth of treaties or agree
ments between nations and of &C
cepted customs. But every custom
has its origin in some single act,
and every agreement has to be ini-
tiated by the action of some State.
Unless we are prepared to abandon
every principle of growth for inter-
national law we cannot deny that
our own day has its right to insti-
tute customs and to conclude
agreements that will themselves be-
come sources of newer and
strengthened international law"