23 Nov. 45

After all, everything else in this case, however dramatic, however sordid, however shocking and revolting to the common instincts of civilized peoples, is incidental to, or subordinate to, the aggressive war aspect of the case.

All the dramatic story of what went on in Germany in the early phases of the conspiracy--the ideologies used, the techniques of terror used, the suppressions of human freedom employed in the seizure of power, and even the concentration camps and the Crimes against Humanity, the persecutions, tortures, and murders committed--all these things would have little juridical international significance except for the fact that they were the preparation for the commission of aggressions against peaceful neighboring peoples.

Even the aspects of the case involving War Crimes in the strict sense are aspects which are merely the inevitable, proximate result of the wars of aggression launched and waged by these conspirators, and of the kind of warfare they waged--that is--total war, the natural result of the totalitarian party-dominated state that waged it, and atrocious war, the natural result of the atrocious doctrines, designs, and purposes of these war-makers.

For these reasons, I repeat that in our view the phases of the case dealing with territorial gains acquired by threats of force and with actual aggressions and aggressive wars constitute the real heart of the case. Accordingly, we ask the indulgence of the Tribunal if for these reasons we make the presentation of this part of the case as detailed as seems to us necessary in view of the outstanding importance of the subject matter.

The general scope of the case to be presented by the American Prosecution has been stated in the opening address by Mr. Justice Jackson. That address indicated to the Tribunal the general nature and character of the evidence to be offered by the American Prosecution in support of the allegations with which I shall deal. However, before approaching the actual presentation of that evidence, it seems to us that it would be helpful to an orderly presentation of the case, to address the Tribunal in an introductory way concerning this specific segment of the Prosecution's case. In doing so, I shall not attempt to retrace the ground so ably covered by Mr. Justice Jackson. On the contrary, I shall confine my introductory remarks to matters specifically and peculiarly applicable to that part of the American case relating to the crime of illegal warfare, and the Common Plan or Conspiracy to commit that crime.

The substantive rule of law which must guide the considerations of the Tribunal on this aspect of the case, and the rule of law which must be controlling in the final judgment of the Tribunal on this part of the case, is stated in Article 6 of the Charter of the Inter-