Hitler's Reich [Excerpt]
The First Phase
The Expansion of Japanese Rule
The Jews of Eastern Europe [Excerpt]
America Rearms [Excerpt]
Armistice at Munich [Excerpt]
Hitler Could Not Stop [Excerpt]
The Downfall of France [Excerpt]
Anglo-American Pitfalls [Excerpt]
Let Japan Choose [Excerpt]
Pearl Harbor: Documents: The Rising Sun in the Pacific
America at War: Three Bad Months [Excerpt]
Hitler's Transfers of Population in Eastern Europe [Excerpt]
The Spirit of Resistance [Excerpt]
America at War: The First Year [Excerpt]
America at War: The End of the Second Year [Excerpt]
The Road to D-Day [Excerpt]
America at War: The End Begins [Excerpt]
America at War: Victory in Europe [Excerpt]
America at War: Victory in the Pacific [Excerpt]
America at War: The Triumph of the Machine [Excerpt]
The Atomic Bombings Reconsidered
Political Problems of a Coalition [Excerpt]
Turning Points of the War
That Was Then: Allen W. Dulles on the Occupation of Germany [Excerpt]
The Nuremberg Trial: Landmark in Law [Excerpt]
The Sources of Soviet Conduct [Excerpt]
The Atom Bomb as Policy Maker [Excerpt]
The Illusion of World Government [Excerpt]
The Myth of Post–Cold War Chaos [Excerpt]
IN THE confusion and disquiet of the war's first aftermath, there has been at least one great event from which we may properly take hope. The surviving leaders of the Nazi conspiracy against mankind have been indicted, tried, and judged in a proceeding whose magnitude and quality make it a landmark in the history of international law. The great undertaking at Nuremberg can live and grow in meaning, however, only if its principles are rightly understood and accepted. It is therefore disturbing to find that its work is criticized and even challenged as lawless by many who should know better. In the deep conviction that this trial deserves to be known and valued as a long step ahead on the only upward road, I venture to set down my general view of its nature and accomplishment.
The defendants at Nuremberg were leaders of the most highly organized and extensive wickedness in history. It was not a trick of the law which brought them to the bar; it was the "massed angered forces of common humanity." There were three different courses open to us when the Nazi leaders were captured: release, summary punishment, or trial. Release was unthinkable; it would have been taken as an admission that there was here no crime. Summary punishment was widely recommended. It would have satisfied the immediate requirement of the emotions, and in its own roughhewn way it would have been fair enough, for this was precisely the type of justice that the Nazis themselves had so often used. But this fact was in reality the best reason for rejecting such a solution. The whole moral position of the victorious Powers must collapse if their judgments could be enforced only by Nazi methods. Our anger, as righteous anger, must be subject to the law. We therefore took the third course and tried the captive criminals by a judicial proceeding. We gave to the Nazis what they had denied their own opponents -- the protection of the Law. The Nuremberg Tribunal was thus in no sense an instrument of vengeance but the reverse. It was, as Mr. Justice Jackson said in opening the case for the prosecution, "one of the most significant tributes that Power has ever paid to Reason."
The function of the law here, as everywhere, has been to insure fair judgment. By preventing abuse and minimizing error, proceedings under law give dignity and method to the ordinary conscience of mankind. For this purpose the law demands three things: that the defendant be charged with a punishable crime; that he have full opportunity for defense; and that he be judged fairly on the evidence by a proper judicial authority. Should it fail to meet any one of these three requirements, a trial would not be justice. Against these standards, therefore, the judgment of Nuremberg must itself be judged. . . .
. . . A single landmark of justice and honor does not make a world of peace. The Nazi leaders are not the only ones who have renounced and denied the principles of western civilization. They are unique only in the degree and violence of their offenses. In every nation which acquiesced even for a time in their offense, there were offenders. There have been still more culpable offenders in nations which joined before or after in the brutal business of aggression. If we claimed for Nuremberg that it was final justice, or that only these criminals were guilty, we might well be criticized as being swayed by vengeance and not justice. But this is not the claim. The American prosecutor has explicitly stated that he looks uneasily and with great regret upon certain brutalities that have occurred since the ending of the war. He speaks for us all when he says that there has been enough bloodletting in Europe. But the sins of others do not make the Nazi leaders less guilty, and the importance of Nuremberg lies not in any claim that by itself it clears the board, but rather in the pattern it has set. The four nations prosecuting, and the 19 others subscribing to the Charter of the international Military Tribunal, have firmly bound themselves to the principle that aggressive war is a personal and punishable crime.
It is this principle upon which we must henceforth rely for our legal protection against the horrors of war. We must never forget that under modern conditions of life, science and technology, all war has become greatly brutalized, and that no one who joins in it, even in self-defense, can escape becoming also in a measure brutalized. Modern war cannot be limited in its destructive methods and in the inevitable debasement of all participants. A fair scrutiny of the last two World Wars makes clear the steady intensification in the inhumanity of the weapons and methods employed by both the aggressors and the victors. In order to defeat Japanese aggression, we were forced, as Admiral Nimitz has stated, to employ a technique of unrestricted submarine warfare not unlike that which 25 years ago was the proximate cause of our entry into World War I. In the use of strategic air power, the Allies took the lives of hundreds of thousands of civilians in Germany, and in Japan the destruction of civilian life wreaked by our B-29s, even before the final blow of the atomic bombs, was at least proportionately great. It is true that our use of this destructive power, particularly of the atomic bomb, was for the purpose of winning a quick victory over aggressors, so as to minimize the loss of life, not only of our troops but of the civilian populations of our enemies as well, and that this purpose in the case of Japan was clearly effected. But even so, we as well as our enemies have contributed to the proof that the central moral problem is war and not its methods, and that a continuance of war will in all probability end with the destruction of our civilization.
International law is still limited by international politics, and we must not pretend that either can live and grow without the other. But in the judgment of Nuremberg there is affirmed the central principle of peace -- that the man who makes or plans to make aggressive war is a criminal. A standard has been raised to which Americans, at least, must repair; for it is only as this standard is accepted, supported and enforced that we can move onward to a world of law and peace. [Full Article]