Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
MR. LAFOLLETTE: First, we believe that this Tribunal
has the right and power to decide all questions of law, other
than the “criminal nature” of those groups or organizations which
the International Military Tribunal found to be criminal, and as
distinguished from the ultimate facts set out in Ordinance No. 7,
article X, as original questions of law which it has the right to
decide, contrary to the decisions reached by the International Military
Tribunal, if it is convinced that a proper interpretation of the
Charter and Law No. 10, or of the ultimate facts to be inferred from
the evidence in this case, require it logically, and therefore, by the
exercise of intellectual integrity, to reach a contrary decision. We
do not deny the persuasive authority of the decision and judgment of
the International Military Tribunal, but we point out that between the
International Military Tribunal and this Tribunal the relationship of a
court of superior jurisdiction to that of one of inferior jurisdiction
does not exist in fact or in law. Therefore the decision and judgment
of the International Military Tribunal is not binding upon this Court;
except to the extent fixed by said article X and the other provisions
which are referred to.
Second, from the standpoint of policy the prosecution believes it
owes it not only to this Tribunal but to the world to establish the
concurrent jurisdiction and therefore the equal dignity of this
Tribunal and of the proceedings before it, with those before the
International Military Tribunal, which preceded it. We try here war
criminals charged with the commission of international crimes, codified
as such, by the same nations which codified the crimes for which the
International Military Tribunal tried the defendants indicted and
arraigned before it. This is not an American side show, national in
character. On the contrary, it is the avowed program of the Government
of the United States to carry on the obligation assumed at Moscow
in 1943 by living up to the inter-Allied agreements made at Potsdam
in 1945. Finally, we assert the high character of this Tribunal and
therefore of the proceeding before it, in order that we ourselves
may understand the high judicial character of our actions and the
obligations of candor and ethical conduct which these proceedings of
necessity impose upon counsel appearing before this bar.
We try these defendants, therefore, in a Court whose authoritative
source and whose jurisdiction over subject matter and persons is equal
to, and concurrent with, the International Military Tribunal (IMT). We
try them for crimes, war crimes, and crimes against humanity, which
were unlawful, as alleged in the indictment, when committed because
they were in violation of the “universal moral judgment of mankind”
as attested by the judicial decision of the International Military
Tribunal.
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