Robert Houghwout Jackson

Summary

Robert Houghwout Jackson Opening address for the United States… (1946)

I cannot subscribe to the perverted reasoning that society may advance and strengthen the rule of law by the expenditure of morally innocent lives but that progress in the law may never be made at the price of morally guilty lives.
It is true, of course, that we have no judicial precedent for the Charter. But International Law is more than a scholarly collection of abstract and immutable principles. It is an outgrowth of treaties and agreements between nations and of accepted customs.
Source: Wikisource

Robert Houghwout Jackson Opening address for the United States… (1946)

An honestly defensive war is, of course, legal and saves those lawfully conducting it from criminality. But inherently criminal ads cannot be defended by showing that those who committed them were engaged in a war, when war itself is illegal. The very minimum legal consequence of the treaties making aggressive wars illegal is to strip those who incite or wage them of every defense the law ever gave, and to leave war makers subject to judgment by the usually accepted principles of the law of crimes.
Source: Wikisource

Robert Houghwout Jackson Opening address for the United States… (1946)

Statesmen and international lawyers at first cautiously responded by adopting rules of warfare designed to make the conduct of war more civilized. The effort was to set legal limits to the violence that could be done to civilian populations and to combatants as well.
The common sense of men after the First World War demanded, however, that the law's condemnation of war reach deeper, and that the law condemn not merely uncivilized ways of waging war, but also the waging in any way of uncivilized wars – wars of aggression.
Source: Wikisource

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