JACKSON’S ADDRESS STIRS THE COURT

Press, Volume LXXXI, Issue 24736, 29 November 1945, Page 4

JACKSON’S ADDRESS STIRS THE COURT

NUREMBERG TRIALS

[By lAN BEVAN, "Sydney Morning (Published by Nobody outside the dock and probably few inside it remained unstirred by Justice Jackson's opening address for the prosecution, which, apart from its historical and legal importance, was a magnificently written document. , Towards the end its quality Avas partly obscured by the speed with which Justice Jackson was forced to re"ad it to finish it before the close of the afternoon session. But nothing could hide the fact-that this was a document of historic value, which contained some of the finest passages of any public statements during the war —fit to compare with the best speeches of Winston Churchill. Justice Jackson is certainly no comparison with Churchill in dramatic quality; his delivery and speech of necessity contained a great deal of factual information and reference to documentary evidence. But Justice- Jackson, who prepared the address personally and then submitted; it to President Truman for approval, is Certainly a great writer. President Truman concurred in this, 'for it is reported that he not only approved the address as Justice Jackson wrote it. but sent him a personal message of congratulation. Among the most significant'passages were Justice Jackson's answer to those who have criticised the trial as being reduiidant-formality. To those critics who have said: "Shoot them and get it with," Justice Jackson said. "To pass these defendants a ooisoned chalice is to put it to our own lips as well."

"We muS never forget," he warned, "that the record on which we judge these defendants to-day is ths record on which history will judge us tomorrow. We must summon such detachment and intellectual integrity to our task that this trial will commend itself to posterity as fulfilling humanity's aspirations to do justice. Presumption of Innocence "It may be that these men oi troubled conscience whose only wish is that the world forget them do not regard the trial as a favour. ■ But they do have a full opportunity to defend themselves—a favour which these men when in power, rarely extended to their fellow-countrymen. Despite -the fact that public opinion already condemns their acts, here they must be given the pYesumption of innocence, . . . The usefulness of this effort to dc justice is not to be measured by considering the law or your judgment in isolation. This trial is part of the

Herald" Correspondent .at Nuremberg ]':-■" Arrangement.) : ;-?-,; .'v.' great effort to make peace secure." r aV: Justice Jackson said it was no Mrf'of the trial to inquire into the copSttions which contributed to the of war. . rf i.; "They are for history to unraveL' he said. T7=;;

'•lt is not part of our task ccte the European status quo gowK 1933 or as 01" any other dats. ever grievances a nation may however objectionable it finds fS;S status quo, aggresrive warfare is'an • il'egal means for settling those grietr r? - ances or for altering those conditions.^ Public queries as to why service chiefs should be on trial alon*? ,: with their political "masters" v?enr answered by Justice Jackson,' \tfSf ■-■ raid: "It is one thing to plan strategic - moves in the event of war, and' ittfir another thing to plot and bring on that war. We will pr O Wi the leaders of the German General .' Staff and of the High Command to* have been guilty of just that. '■>'"■/.:■ ; "Military men are not before -yog" because they served their cotintrf They are here because they master*!--it They ara not here because ther' 1 - lost the'war, but because they starter-; it. The politicians may have thoughtof them as "soldiers, but the soldieri" * know they were politicians. ■'■.-'>\i£) : : A Menacing: Tradition '-'^-'M

"We ask that the General Staff•»*'■> High Command be condemned as « ' criminal group, whose existence arid 1 '" tradition constitute a standing menace' tc the peace of the world." _ f ;. 6

Justice Jackson pointed out law under which German were.being brought to eludes, and if it is to serve a usefiflK purpose must condemn, aggression bj#' any. other nation, including > which sit here now in judgment!'"■;?;s The ultimate step in avoidiM^ - periodic wars, was to make statesrrtea^t' responsible to the law, Justice Jackson^' said. . -.- -jvjsle ''While the defendants and Uy»sr prosecutors stalid before you as viduals," he concluded, "it is. not.jffistfv triumph of cither group alone thj|t?fiS< : committed, to your judgment r slo#' charity can disguise the fact thajt : tK|i forces which these -defendants,jrepre«l sent, the forces that would end delight in their acquittal, are-iml'f darkest and most sinister forces-.jjol. society—dictatorship and malevolence and passion, imlltarlap land lawlessness. By their fruitslwp best know them." : ; #sg£s