Nov. 21 1945
potism equalled only by the dynasties of the ancient East. They
took from the German people all those dignities and freedoms that we
hold natural and inalienable rights in every human being. The people
were compensated by inflaming and gratifying hatreds towards those
who were marked as "scapegoats". Against their opponents,
including Jews, Catholics, and free labor, the Nazis directed such a
campaign of arrogance, brutality, and annihilation as the world has
not witnessed since the pre-Christian ages. They excited the German
ambition to be a "master race", which of course implies
serfdom for others. They led their people on a mad gamble for
domination. They diverted social energies and resources to the
creation of what they thought to be an invincible war machine. They
overran their neighbors. To sustain the "master race" in
its war-making, they enslaved millions of human beings and brought
them into Germany, where these hapless creatures now wander as
"displaced persons". At length bestiality and bad faith
reached such excess that they aroused the sleeping strength of
imperiled Civilization. Its united efforts have ground the German war
machine to fragments. But the struggle has left Europe a liberated
yet prostrate land where a demoralized society struggles to survive.
These are the fruits of the sinister forces that sit with these
defendants in the prisoners' dock.
In justice to the nations and the men associated in this
prosecution, I must remind you of certain difficulties which may
leave their mark on this case. Never before in legal history has an
effort been made to bring within the scope of a single litigation the
developments of a decade, covering a whole continent, and involving a
score of nations, countless individuals, and innumerable events.
Despite the magnitude of the task, the world has demanded immediate
action. This demand has had to be met, though perhaps at the cost of
finished craftsmanship. In my country, established courts, following
familiar procedures, applying well-thumbed precedents, and dealing
with the legal consequences of local and limited events seldom
commence a trial within a year of the event in litigation. Yet less
than 8 months ago today the courtroom in which you sit was an enemy
fortress in the hands of German SS troops. Less than 8 months ago
nearly all our witnesses and documents were in enemy hands. The law
had not been codified, no procedures had been established, no
tribunal was in existence, no usable courthouse stood here, none of
the hundreds of tons of official German documents had been examined,
no prosecuting staff had been assembled, nearly all of the present
defendants were at large, and the four prosecuting powers had not yet
joined in common cause to try them. I should be the last to deny that
the case