4/11/2023 0 Comments Tribute speech central ideaBut in that case let the decision to execute them be made as a military or political decision.' 'If it is considered good policy for the future peace of the world, if it is believed that the example will outweigh the tendency to create among their own countrymen a myth of martyrdom, then let them be executed. Jackson took no position on the propriety of summary execution, as a political option. It was in those circumstances that Mr Justice Jackson weighed in – with his speech of 13 April 1945. Within the US Government of the day, Henry King tells us, opinion was divided. are also deeply impressed with the dangers and difficulties of this course, and they wish to put before their principal Allies, in a connected form, the arguments which have led them to think that execution without trial is the preferable course.' thoroughly appreciate the arguments which have been advanced in favour of some form of preliminary trial. It being conceded that these leaders must suffer death, the question arises whether they should be tried by some form of tribunal claiming to exercise judicial functions, or whether the decision taken by the Allies should be reached and enforced without the machinery of a trial. assume that it is beyond question that Hitler and a number of arch-criminals associated with him (including Mussolini) must, so far as they fall into Allied hands, suffer the penalty of death for their conduct leading up to the war and for the wickedness which they have either themselves perpetrated or have authorized in the conduct of the war. In it, His Majesty's Government said as follows, among other things: As we know by now, many powerful voices - notably the leadership of His Majesty's Government - favoured summary execution.Ĭonsider the message conveyed in the aide mémoire of 23 April 1945 that Sir Alexander Cadogan (then the Permanent Secretary to the UK Foreign Ministry) delivered to Judge Samuel Rosenman (the White House Counsel). The options were either summary execution or criminal trial. That debate concerned how to deal with the Axis leaders. We may begin with a certain debate that divided the Allies as the 2 nd World War was winding down. Execution v Criminal Trial of Axis Leaders It must of course be said that the validity of the 'no Nuremberg without Robert Jackson' hypothesis rests on its own historical facts, more so than it does on any appeal to the bare authority of Henry T King Jr.īut, that necessarily engages the further query: Would there be the ICC without Robert Jackson? He turned 99 two weeks ago – on 11 March 2019 – and is well on his way to 100. He is this year's recipient of the Anne Frank award. After all, as of the time of adoption of the Rome Statute, Henry T King Jr himself, Whitney R(obson) Harris, and Ben Ferencz were the last surviving Nuremberg prosecutors, whom many of us have been lucky to meet in our own generation. I doubt that many would have the courage to quarrel with that view. 'There would be no Nuremberg without Robert Jackson.' In his essay, titled, 'Robert H Jackson and the Triumph of Justice at Nuremberg', Henry T King Jr declared that We deeply revered him.īut, what is his legacy in relation to the International Criminal Court, where I now serve on the Bench? Jackson's Legacy relative to the ICC He has been a source of immeasurable inspiration for us. The second generation of international prosecutors – my own generation – came 50 years later, to serve at the ad hoc tribunals for the former Yugoslavia, Rwanda and Sierra Leone. Mr Justice Jackson was a giant among the first generation of international prosecutors. 'Those who best know the deficiencies of international law are those who also know the diversity and permanence of its accomplishments and its indispensability to a world that plans to live in peace.' In the opening lines, he promptly observed as follows: It was a most forceful call for a global society in which all nations ought to subject themselves to the rule of international law, for the benefit of all.Īnd Jackson wasted no time in getting to the heart of the matter. But, more so for policy decision makers of all nations that care for a better world for humanity. That speech is an essential primer: not only for international lawyers. But the honour is special indeed because it was around this time 74 years ago - more precisely on 13 April 1945 - that Robert H Jackson (as an associate justice of the US Supreme Court) addressed this same gathering, in a classic speech titled 'Rule of Law among Nations' – a speech that resonates with this year's conference theme 'International Law as an Instrument'.
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