International tribunal

“ Hague conventions, international tribunals, and agreements to arbitrate, while minimizing the causes of war and affording the machinery for the pacific adjustment of justiciable questions, will yet prove altogether ineffectual, irrespective of the size of the parchment, the imposing character of the seals, or the length of the red tape, unless the nations which execute them have sufficient loyalty to civilization to ask only that which seems just and to submit any disputable question to the pacific adjustment of an impartial tribunal. ”

“ In other words, if that principle of penal responsibility of the individual has become a part of international law, then the anomalous situation would arise where the officer, perhaps the judge, may have been required by his state law to make a decision, but may, nevertheless, be responsible if any tribunal has jurisdiction to try him, for a decision contrary to international law. ”

“ International law is not the product of statute for the simple reason that there is as yet no world authority [975] empowered to enact statutes of universal application. International law is the product of multipartite treaties, conventions, judicial decisions and customs which have received international acceptance or acquiescence. It would be sheer absurdity to suggest that the ex post facto rule, as known to constitutional states, could be applied to a treaty, a custom, or a common law decision of an international tribunal, or to the international acquiescence which follows the event. ”

“ One of the Counsel for the Defense, Dr. Servatius, was speaking here of the legislative authority of the Tribunal. The authority of the International Military Tribunal, organized by four states in the interests of all freedom-loving peoples, is enormous; but, of course, this Tribunal, as a legal organization, does not and cannot possess any legislative authority. When solving the problem of the criminal character of an organization, the Tribunal is only exercising the right entrusted to it by the Charter, that is, to solve independently the question of the criminality of the organizations. ”

“ The considerations that international law is without a court for its enforcement, and that obedience to its commands practically depends upon good faith, instead of upon the mandate of a superior tribunal, only give additional sanction to the law itself and brand any deliberate infraction of it not merely as a wrong but as a disgrace. ”

“ The traditional view of international law is that it establishes substantive principles for determining whether one country has wronged another. Because of its peculiar nation-to-nation character the usual method for an individual to seek relief is to exhaust local remedies and then repair to the executive authorities of his own state to persuade them to champion his claim in diplomacy or before an international tribunal. See United States v. ”

“ If the present proceedings result in the establishment of a tribunal whose integrity and impartiality shall win the permanent confidence of British and Americans alike, it will be an immense achievement, fraught with incalculable benefit to mankind. For the first time, the substitution of international lawsuits for warfare will have been systematically begun by two of the leading nations of the world ”

“ Owing either to their undeveloped condition or to the nature of the people, or both, these countries are frequently unable to maintain law and order within their own borders and are at times either unwilling or unable to carry out the verdicts of an international tribunal. ”

“ The Signatory Powers created this Tribunal, defined the law it was to administer, and made regulations for the proper conduct of the Trial. In doing so, they have done together what any one of them might have done singly; for it is not to be doubted that any nation has the right thus to set up special courts to administer law. With regard to the constitution of the Court, all that the defendants are entitled to ask is to receive a fair trial on the facts and law.
The Charter makes the planning or waging of a war of aggression or a war in violation of international treaties a crime ”

“ Such a tribunal as is contemplated would not only be able to adjudicate specific disputes but would gradually build up a body of International Law as potent in preserving the peaceful relations of nations as the body of domestic laws is in preserving peaceful relations among the citizens and states of the several nations. ”

“ Even courts are fallible and make mistakes. If this is universally recognized for municipal administration of justice, it must be recognized for international administration of justice, all the more as public and not private interests are then in issue. If states are to feel bound to rely on their right rather than on their might, and to submit it to a judicial decision, it must be possible to carry an appeal against a decision of the International Court of Justice to a higher tribunal. Many advocates of arbitration will not hear of an appeal. ”

“ These acts, which are not juridically acts of war but which have been committed as such upon the instigation of those who bear the responsibility for the launching of the so-called war, who have committed aggression upon the lives and the property of nationals of the United Nations, may, by virtue of the territorial principle as we have shown above, be brought before a jurisdiction constituted for this purpose by the United Nations, even as war crimes, properly speaking, are now being brought before the tribunals of each country whose nationals have been victims hereof. ”

“ Some of us used to hope that international public opinion, while quite insufficient to-day to enforce the judgment of a World Court, might gradually grow to such strength and power that it could finally be counted on alone to give force to the decisions of this tribunal. ”

“ They draw the inescapable conclusion from the renunciation, the prohibition, the condemnation of war which had become part of the law of nations, and they refuse to reduce justice to impotence by subscribing to the outworn doctrines that a sovereign state can commit no crime and that no crime can be committed on behalf of the sovereign state by individuals acting in its behalf. They refuse to stultify themselves, and their refusal and their decision has decisively shaped the law for this Tribunal. ”

“ He went on to give a list of cases tried by the Courts, where individual offenders were charged with offenses against the laws of nations, and particularly the laws of war. Many other authorities could be cited, but enough has been said to show that individuals can be punished for violations of international law. Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced. ”

“ It follows that the state which has gone to war in violation of its obligations acquires no right to equality of treatment from other states, unless treaty obligations require different handling of affairs. It derives no rights from its illegality.
“In flagrant cases of aggression where the facts speak so unambiguously that world opinion takes what may be the equivalent of judicial notice, we may not stymie international law and allow these great treaties to become dead letters. ”

“ Russia and Austria are represented in the persons of the learned and distinguished jurists who compose the Tribunal, while Great Britain, Germany, France, Spain, Italy, Belgium, the Netherlands, Sweden and Norway, Mexico, the United States, and Venezuela are represented by their respective agents and counsel. Such an imposing concourse of nations presenting their arguments to and invoking the decision of that high court of international justice and international peace can hardly fail to secure a like submission of many future controversies. ”

“ In the international field the basic source of law and the only legislative act is a treaty, an agreement between states. Accordingly, just as duly promulgated laws passed by legislative bodies and properly published are an absolute and sufficient legal basis for the administration of national justice, so in the international field an international treaty is an absolute and sufficient legal basis for the implementation and the activity of agencies of international justice created by the signatories. ”

“ As all citizens are parties to Municipal Law, and responsible for its institutions, so are all the Christian nations parties to International Law, and responsible for its provisions. By recognizing these provisions, nations consent and agree beforehand to the Arbitrament of War, precisely as citizens, by recognizing Trial by Jury, consent and agree beforehand to the latter tribunal. ”

“ The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, whether as individuals or as members of organizations, committed any of the following crimes. ”

“ I think it is sufficient, unless the Tribunal wish otherwise, for me to read the first two articles only:
“Article 1: With a view to obviating as far as possible recourse to force in the relations between states, the signatory powers agree to use their best efforts to insure the pacific settlement of international differences.
“Article 2: In case of serious disagreement or conflict, before an appeal to arms the signatory powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly powers.” ”

“ The ultimate object of the establishment of a Court of Arbitral Justice is to prevent these abysmal disturbances which, if allowed to exist, will sooner or later destroy any institution, political or judicial, set up by the nations. The immediate object is to come to a common understanding of international justice, and to formulate rules for the conduct of nations based on that understanding. ”

“ During the last century there has been a distinct diminution in the number of wars between the most civilized nations. International relations have become closer and the development of The Hague tribunal is not only a symptom of this growing closeness of relationship, but is a means by which the growth can be furthered. Our aim should be from time to time to take such steps as may be possible toward creating something like an organization of the civilized nations, because as the world becomes more highly organized the need for navies and armies will diminish. ”

“ Their offenses transcend the jurisdiction of the courts of any one nation. Their crimes were international in scope, and public indignation is also international. Even if any one nation might properly obtain jurisdiction over such an offender, it should yield to an international court to be created. Humanity could best express its dictates through such a forum. Nor is the least advantage from an international court the joining hands of all nations after the war to act concertedly in dealing out justice. ”

“ The result is that cases submitted to mere arbitration, without the backing of an adequate international law, have frequently resulted in decisions which meant nothing more nor less than a mere compromise, unsatisfactory to both parties and yet accepted in the name of peace rather than in the name of justice. The world court of the future will administer an international law created and acknowledged by all nations. ”

“ States, of their constitutions, and many other difficulties, entail the danger that International Courts may become the arena of national jealousies, of empty talk, and of political intrigues, instead of being pillars of international justice. ”

“ Even though a court-martial does not give an accused trial by jury and other Bill of Rights protections, the Government contends that Art. 2 (11) of the UCMJ, insofar as it provides for the military trial of dependents accompanying the armed forces in Great Britain and Japan, can be sustained as legislation which is necessary and proper to carry out the United States' obligations under the international agreements made with those countries. ”

“ It is manifest, therefore, that, if prize courts are bound by the laws and regulations under which seizures and detentions are made, and which claimants allege are in contravention of the law of nations, those courts are powerless to pass upon the real ground of complaint or to give redress for wrongs of this nature. Nevertheless, it is seriously suggested that claimants are free to request the prize court to rule upon a claim of conflict between an Order in Council and a rule of international law. ”