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OCR Page 1 of 2November 12, 1946
Dear Judge Biddle:
I am profoundly impressed by your report on the Nurnberg
trials which I have studied with careful attention. When the Nurnberg
Tribunal was set up all thoughtful persons realized that we were taking
a step that marked a departure from the past.
That departure is emphasized in the verdict and the execution
of the Nazi war criminals and in your recommendations for the guidance
of nations in dealing with like problems in the future. An undisputed
gain coming out of Nurnberg is the formal recognition that there are
crimes against humanity.
Your report is an historic document. It is encouraging to
know that the dissent of the USSR was not on the fundamental principle
of international law but over the inferences which should be drawn from
conflicting evidence.
I am impressed by the change in point of view of the defendants
and their lawyers from indifference and skepticism at the outset to a
determination to fight for their lives. The fact that you and your
colleagues could bring about this change in attitude is in itself a
tribute to the judicial spirit and objectivity of the Tribunal.
I am satisfied that the defendants received a fair trial. I
hope we have established for all time the proposition that aggressive
war is criminal and will be so treated. I believe with you that the
judgnent of Nurnberg adds another factor tending towards peace.
That tendency will be fostered if the nations can establish
a code of international criminal law to deal with all who wage aggressive
war. The setting up of such a code as that which you recommend is in-
deed an enormous undertaking but it deserves to be studied and weighed
by the best legal minds the world over. It is a fitting task to be
undertaken by the governments of the United Nations. I hope that the
United Nations, in line with your proposal, will reaffirm the principles
of the Nurnberg Charter in the context of a general codification of
offenses against the peace and security of mankind. All of these
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