21 Nov. 45
It is important to the duration and scope of this Trial that we
bear in mind the difference between our charge that this war was one
of aggression and a position that Germany had no grievances. We are
not inquiring into the conditions which contributed to causing this
war. They are for history to unravel. It is no part of our task to
vindicate the European status quo as of 1933, or as of any
other date. The United States does not desire to enter into
discussion of the complicated pre-war currents of European politics,
and it hopes this trial will not be protracted by their
consideration. The remote causations avowed are too insincere and
inconsistent, too complicated and doctrinaire to be the subject of
profitable inquiry in this trial. A familiar example is to be found
in the "Lebensraum" slogan, which summarized the contention
that Germany needed more living space as a justification for
expansion. At the same time that the Nazis were demanding more space
for the German people, they were demanding more German people to
occupy space. Every known means to increase the birth rate,
legitimate and illegitimate, was utilized. "Lebensraum"
represented a vicious circle of demand--from neighbors more space,
and from Germans more progeny. We do not need to investigate the
verity of doctrines which led to constantly expanding circles of
aggression. It is the plot and the act of aggression which we charge
to be crimes.
Our position is that whatever grievances a nation
may have, however objectionable it finds the status quo,
aggressive warfare is an illegal means for settling those grievances
or for altering those conditions. It may be that the Germany of the
1920's and l 930's faced desperate problems, problems that would have
warranted the boldest measures short of war. All other
methods--persuasion, propaganda, economic competition, diplomacy-were
open to an aggrieved country, but aggressive warfare was outlawed.
These defendants did make aggressive war, a war in violation of
treaties. They did attack and invade their neighbors in order to
effectuate a foreign policy which they knew could not be accomplished
by measures short of war. And that is as far as we accuse or propose
to inquire.
The Law of Individual
Responsibility:
The Charter also recognizes individual
responsibility on the part of those who commit acts defined as
crimes, or who incite others to do so, or who join a common plan with
other persons, groups or organizations to bring about their
commission The principle of individual responsibility for piracy and
brigandage, which have long been recognized as crimes punishable
under international law, is old and well established. That is what
illegal warfare is.