The Wilmington morning star. [volume] (Wilmington, N.C.) 1909-1990, 1945-10-22
TODAY and TOMORROW
der was not a crime because he
happened to be at sea when he
coy,or,o ;ftod ~
bv WALTER LIPPMANN

happened to be at sea when he
committed it.
This surely was a sound judy
ment. The ex post facto rule stands
as a protection OF the innocent.
To have let it be used to protect
a man guilty Of so plain a crime
as murder would have been a de-
NAL of justice. So at Nuremberg, if
lit can be proved that Goering did
| in fact commit murder, then no
one can ever argue that he has
been condemned for q deed which
was innocent when he did it.
It has been said also that these
men are being tried, not because
they committed crimes, but be-
cause they lost the war. This is
a shallow wisecrack. It amounts
to saying that gangsters are tried
and condemned, not for their
! crimes, but because they were not
smart enough, or strong enough,
/ or lucky enough not to be arrested
by the police. These men have
been arrested because the Allies
won the war. But they are being
arraigned before a tribunal for
crimes which are clearly specified
i in the indictment and must be
proved, in their hearing, by evi.
dence which must satisfy not only
i the judges of the tribunal but the
civilized conscience of mankind.
I do not believe we have any
reason to feel that we are acting
below our own standards of JUS
tice. Certainly it would have been
a mockery of all justice to give
them immunity. To condemn
them by decree, as Napoleon was
condemned, would have been per.
Missile. But to arraign them be-
fore an open tribunal, and to SUBJ
NIT proof which they will be al
lowed to challenge and answer, is
surely to exhibit under the cir
cumstances a profound and ex-
traordinary respect for the SUBJ
stance Of law and justice, and a
willingness on our own part to be
Judged by mankind today and by
all posterity for what is done with
these men.
Most Of these men, it remains
to be seen whether it applies to
every one Of them, can be tried
for common crimes. It is debatable,
Of course, whether some of the
other crimes with which they are
charged, such as the violation Of
treaties, would be sufficiently spe.
Understanding by themselves - to
justify punishment. But it is only
a debating point; we are not con-
fronted with men who merely vic.
lated certain solemn treaties but
were in all other respects innocent
Of crime. Therefore, while it is
important that the final judgment
of the tribunal shall make it clear
exactly what they are being con.
idemned for-that whoever is shot
lis executed for an indubitable
crime-it is entirely just and rele.
want that the whole record Of these
men shall be established.
For the record will almost Ger.
; tainly show, when the evidence il
, in, that the rulers Of state can.
not violate their international en-
. gagements as a matter Of DELHI
: crate policy without becoming in
volved in the commission Of afro
cious common crimes. That is vel
worth demonstrating at a time
when the nations are attempting
| once more to organize the worEc
: against aggression, and If these
, proceedings are carried out al
. promised and planned, they will
) go far to place ,xtrong foundation.
= under the United Nations Charter