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process of retribution by law awaits those who in the future similarly attack civi-
lization. Before stating these offenses in legal terms and concepts, let me recall
what it was that affronted the sense of justice of our people.
Early in the Nazi regime, people of this country came to look upon the Nazi
Government as not constituting a legitimate state pursuing the legitimate objectives
of a member of the international community. They came to view the Nazis as a band
of brigands, set on subverting within Germany every vestige of a rule of law which
would entitle an aggregation of people to be looked upon collectively as a member
of the family of nations. Our people were outraged by the oppressions, the cruelest
forms of torture, the large-scale murder, and the wholesale confiscation of property
which initiated the Nazi regime within Germany. They witnessed persecution of the
greatest enormity on religious, political and racial grounds, the breakdown of trade
unions, and the liquidation of all religious and moral influences. This was not
the legitimate activity of a state within its own boundaries, but was preparatory
to the launching of an international course of aggression and was with the evil
intention, openly expressed by the Nazis, of capturing the form of the German state
as an instrumentality for spreading their rule to other countries, Our people felt
that these were the deepest offenses against that International Law described in
the Fourth Hague Convention of 1907 as including the "laws of humanity and the dic-
tates of the public conscience."
Once these international brigands, the top leaders of the Nazi party, the S.S.
and the Gestapo, had firmly established themselves within Germany by terrorism and
crime, they immediately set out on a course of international pillage. They bribed,
debased, and incited to treason the citizens and subjects of other nations for the
purpose of establishing their fifth colums of corruption and sabotage within those
nations. They ignored the commonest obligations of one state respecting the inter-
nal affairs of another. They lightly made and promptly broke international engage-
ments as a part of their settled policy to deceive, corrupt, and overwhelm, They
made, and made only to violate, pledges respecting the demilitarized Rhineland, and
Czechoslovakia, and Poland, and Russia. They did not hesitate to instigate the
Japanese to treacherous attack on the United States. Our people saw in this suc-
cession of events the destruction of the minimum elements of trust which can hold
the community of nations together in peace and progress. Then, in consummation of
their plan, the Nazis swooped down upon the nations they had deceived and ruthlessly
conquered them. They flagrantly violated the obligations which states, including
their own, have undertaken by convention or tradition as a part of the rules of
land warfare, and of the law of the sea. They wantonly destroyed cities like Rot-
terdam for no military pupose. They wiped out whole populations, as at Lidice,
where no military purposes were to be served. They confiscated property of the
Poles and gave it to party members. They transported in labor battalions great
sectors of the civilian populations of the conquered countries. They refused the
ordinary protections of law to the populations which they enslaved. The feeling
of outrage grew in this country, and it became more and more felt that these were
crimes committed against us and against the whole society of civilized nations by
"NATEDINAL
a band of brigands who had seized the instrumentality of a state.
RACHIVER AN
RESORDS
ADDRESS
I believe that those instincts of our people were right and that they should
GOVE
guide us as the fundamental tests of criminality. We propose to punish acts which
have been regarded as criminal since the time of Cain and have been SO written in
every civilized code.
In arranging these trials we must also bear in mind the aspirations with which
our people have faced the sacrifices of war. After we entered the war, and as we
expended our men and our wealth tc stamp out these wrongs, it was the universal
feeling of our people that out of this war should come unmistakable rules and work-
able machinery from which any who might contemplate another era of brigandage would
know that they would be held personally responsible and would be personally pun-
ished. Our people have been waiting for these trials in the spirit of Woodrow
Wilson, who hoped to "give to international law the kind of vitality which it can
only have if it is a real expression of our moral judgment."
Against this background it may be useful to restate in more technical lawyer's
terms the legal charges against the top Nazi leaders and those voluntary associa-
tions such as the S.S. and Gestapo which clustered about them and were ever the
prime instrumentalities, first, in capturing the German state, and then, in direct-
ing the German state to its spoliations against the rest of the world.
-5-
MORE
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"ocrText": "process of retribution by law awaits those who in the future similarly attack civi-\nlization. Before stating these offenses in legal terms and concepts, let me recall\nwhat it was that affronted the sense of justice of our people.\nEarly in the Nazi regime, people of this country came to look upon the Nazi\nGovernment as not constituting a legitimate state pursuing the legitimate objectives\nof a member of the international community. They came to view the Nazis as a band\nof brigands, set on subverting within Germany every vestige of a rule of law which\nwould entitle an aggregation of people to be looked upon collectively as a member\nof the family of nations. Our people were outraged by the oppressions, the cruelest\nforms of torture, the large-scale murder, and the wholesale confiscation of property\nwhich initiated the Nazi regime within Germany. They witnessed persecution of the\ngreatest enormity on religious, political and racial grounds, the breakdown of trade\nunions, and the liquidation of all religious and moral influences. This was not\nthe legitimate activity of a state within its own boundaries, but was preparatory\nto the launching of an international course of aggression and was with the evil\nintention, openly expressed by the Nazis, of capturing the form of the German state\nas an instrumentality for spreading their rule to other countries, Our people felt\nthat these were the deepest offenses against that International Law described in\nthe Fourth Hague Convention of 1907 as including the \"laws of humanity and the dic-\ntates of the public conscience.\"\nOnce these international brigands, the top leaders of the Nazi party, the S.S.\nand the Gestapo, had firmly established themselves within Germany by terrorism and\ncrime, they immediately set out on a course of international pillage. They bribed,\ndebased, and incited to treason the citizens and subjects of other nations for the\npurpose of establishing their fifth colums of corruption and sabotage within those\nnations. They ignored the commonest obligations of one state respecting the inter-\nnal affairs of another. They lightly made and promptly broke international engage-\nments as a part of their settled policy to deceive, corrupt, and overwhelm, They\nmade, and made only to violate, pledges respecting the demilitarized Rhineland, and\nCzechoslovakia, and Poland, and Russia. They did not hesitate to instigate the\nJapanese to treacherous attack on the United States. Our people saw in this suc-\ncession of events the destruction of the minimum elements of trust which can hold\nthe community of nations together in peace and progress. Then, in consummation of\ntheir plan, the Nazis swooped down upon the nations they had deceived and ruthlessly\nconquered them. They flagrantly violated the obligations which states, including\ntheir own, have undertaken by convention or tradition as a part of the rules of\nland warfare, and of the law of the sea. They wantonly destroyed cities like Rot-\nterdam for no military pupose. They wiped out whole populations, as at Lidice,\nwhere no military purposes were to be served. They confiscated property of the\nPoles and gave it to party members. They transported in labor battalions great\nsectors of the civilian populations of the conquered countries. They refused the\nordinary protections of law to the populations which they enslaved. The feeling\nof outrage grew in this country, and it became more and more felt that these were\ncrimes committed against us and against the whole society of civilized nations by\n\"NATEDINAL\na band of brigands who had seized the instrumentality of a state.\nRACHIVER AN\nRESORDS\nADDRESS\nI believe that those instincts of our people were right and that they should\nGOVE\nguide us as the fundamental tests of criminality. We propose to punish acts which\nhave been regarded as criminal since the time of Cain and have been SO written in\nevery civilized code.\nIn arranging these trials we must also bear in mind the aspirations with which\nour people have faced the sacrifices of war. After we entered the war, and as we\nexpended our men and our wealth tc stamp out these wrongs, it was the universal\nfeeling of our people that out of this war should come unmistakable rules and work-\nable machinery from which any who might contemplate another era of brigandage would\nknow that they would be held personally responsible and would be personally pun-\nished. Our people have been waiting for these trials in the spirit of Woodrow\nWilson, who hoped to \"give to international law the kind of vitality which it can\nonly have if it is a real expression of our moral judgment.\"\nAgainst this background it may be useful to restate in more technical lawyer's\nterms the legal charges against the top Nazi leaders and those voluntary associa-\ntions such as the S.S. and Gestapo which clustered about them and were ever the\nprime instrumentalities, first, in capturing the German state, and then, in direct-\ning the German state to its spoliations against the rest of the world.\n-5-\nMORE"
}