Evening star., 1946-09-30
Nuernberq
Continued From First Page. '

generalized presentation of the
courts judgment in a lengthy re-
view of ground covered at the
trial. Not until tomorrow will the
justices, reading their extensive
opinion in rotation, get around to
taking up the cases of individual
defendants, point by point and
count by count, announcing its
specific judgment as to their guilt
or innocence.
Then, after a brief recess, the de-
PENDANTS will be brought in one by
one to stand in the dock and hear
Justice Lawrence pronounce SEN
tence upon them.
But there was food for thought
in what these men were hearing
today. First came a detailed and
highly uncomplimentary review of
the history of the Nazi movement,
charging Hitlerite Germanys mex
orible advance along the path to
world war and ruin. Repeatedly
they heard themselves named in
dividually for their parts in the
developments described.
Then they listened intently as the
judges cut the theoretical ground
from under the case for the defense
as 1t has been presented here. They
heard the tribunal reject the defense
thesis that the accused in this trial
cannot be held responsible for what
they did because they were acting
under Hitler's dictatorial orders.
THAT soldier was ordered to
kill or torture in violation of the
international law of war has never
been recognized as a defense to such
acts of brutality, though B" the
order may be urged in mitigat ton of
the punishment" the Judgment
stated.
Out the window, too, went the
defense'S contention that because
no one can be declared guilty of a
crime which legally was not crime
at the time it was committed, the
Nazis must be considered innocent.
Treaty Obligations Cited.
This is what Hitler's henchmen
heard as they tinkered with their
earphones and stared at the bench:
TO assert that it is unjust to
punish those who in defiance of
treaties and assurances have at
tackled neighboring states without
warning is obviously untrue, for in
such circumstances the attacker
must know that what he is doing
is wrong. So far from it being un-
just to punish him, it would be
unjust If his wrong were allowed
to 60 unpunished.
Continue occupying the positions
they did in the government of Ger
many, the defendants, or at least
some OF them, must have known of
the treaties signed by Germany out
lawing recourse to war for the set
tlement of international disputes.
They must have known that they
were acting in defiance of all inter
national law when in complete de-
liberation they carried out their de-
signs of invasion and aggression"
The judgment clearly establishes
that in view of the tribunal inter-
national law and the law of war is
not "the product to international
legislation" and is not found only
in treaties. This law" it is stated,
lis not static. but by continual
adaptation follows the needs of
changing world"
From the defendants point of
view, these were grim words, for they
indicated that the tribunal had
adopted the thesis of United States
Prosecutor Robert H. Jackson that
one high function of the Nuremberg
trial Is to establish new principles
of international morality.
Then, as the reading went on
and the bright autumn sunlight
began to slant in shafts through
the windows of the heavily-guarded
palace of justice. the firing judges
recited a catalogue of war crimes
and crimes against humanity per-
formed with the connivance OF the
men in the dock and at their insti-
cation.
The wives Of Secretary of State
Byrnes, Senator Connally, Demo-
crat, of Texas and Senator Vanden-
berg. Republican. of Michigan we're
SYort fprc Of eaee;1-