Evening star., 1946-10-09
Nozis' TrioIs Spelled
History for Posterity
Reasoning Behind Nuremberg
Little Known to u. s.. People

Reasoning Behind Nuremberg
Little Known to u. S. People
By David Laurence
Senator Taft's criticism of the Nuern-
berg trials, as being acts Of vengeance"
administered under q new concept OF
law which was not in existence when
the violations occurred, Is the forerunner
OF a lengthy debate among jurists Of
various nations.
It Is surprising how many diplomats
here say there Is something to the Ohio
Senator's viewpoint, but 1t Is surprising
also how little the reasoning which lies
behind the Nuremberg trials has been
publicized.
On its face, any conquering nation
has the right to punish the conquered
for inhumane acts or violations Of the
laws of wars. Customarily this has been
done by military tribunals. Because the
victors in this instance have chosen to
set up trial by the novel method OF
using civilian judges with civilian pro-
cedures does not mean that the right
to punish those guilty Of violations Of
international law is in itself novel.
Theory Long Upheld.
Germany as q nation renounced ag-
gressiye war as ian instrument Of ma
tional policy" This was written in the
Kellogg BRAND treaties. Obviously when
government or nation violates q
treaty, it is violating international law.
To say that there is no means Of pun
ishing nation because its individual
leaders are immune, is to say that in
ternational law itself has no force be-
hind it. Actually throughout history the
theory of exacting punishment for viola
tions of international law has long been
upheld. These are sometimes referred
to as sanctions" or "reprisals" and take
the form of seizure of property or Of
persons held guilty Of the ofiense.
The United States Government noti-
fed Pancho Villa in 1916 that Mexicans
would be held personally accountable for
misdeeds. Villa led q group Of bandits
across the American boundary into New
Mexico and massacred some American
citizens. President Wilson sent an
American expedition into Mexico TO
capture the bandit leader.
There are other instances In which
wars or near-wars have been accom-
panied by notice to leader or his group
that he would be held accountable for
their acts.
It will be recalled that Winston
Churchill, as Prime Minister, served such
q warning on the Nazis during the war.
It will be argued that some of the men
tried at Nuremberg were not directly
connected with what are ordinarily
termed as violations of the laws Of war.
It will be urged also that some Of these
men did not participate in the political
events leading up to the war Of aggres-
sion. The question turns, however, on
acts Of inhumanity and cruelty. Men
who acquiesce in such crimes by the
government Of which they are q part
are themselves guilty Of the crimes.
Signed by German Nation.
Where individuals exercised no inde-
pendent judgment and bad no power to
dissent, there has been IN the Nuern-
berg cases q tendency to spare them
severe punishment, but the evidence
shows that the men recently convicted
did play q powerful role In the govern
ment and in the making Of its policies.
Hence they must be punished for having
violated the Kellogg BRAND treaties
which the German nation signed, along
with the other nations of the world.
The murder Of innocent men, women
and children was q crime in interna-
tional law long before Hitler was born.
To say that the Hitlerites who were con-
victed at Nuremberg were tried on an
ex post facto basis Is to raise technical
quibble. International law and statutory
law are not the same thing. Interna-
tional law is based on custom and on
the development over the years of rights
asserted first by an individual nation
or group of nations. The Hitlerites
were guilty Of the crimes for which they
have been tried.
The importance Of the civilian trials
lies in the fact that the evidence has
been spelled out for posterity. The
record has been made crystal clear.
It wasn't legally necessary to do this,
but 1t was important to implement tine
Kellogg BRAND treaties, which condemn
aggressive war, with q procedure which
viii be warning for all times that
individuals who compose q government
are responsible for its acts.
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