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. NUERNBERG MILITARY TRIBUNAL
Volume X · Page 61
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III. OPENING STATEMENTS OF THE PROSECUTION AND DEFENSE
 
A. Opening Statement of the Prosecution¹
 
GENERAL TELFORD TAYLOR: If it please Your Honors. The prosecution will observe the injunctions of the Court laid down this morning² and as to the matter of expedition, it is our estimate that we can put in the prosecution's case in less than 20 trial days.

Your Honors. This year is the three hundredth since the end of the Thirty Years’ War, which once was thought the most destructive in the history of man, and Nuernberg lies among its battlefields; a few miles from here Gustavus Adolphus and Wallenstein fought at the “Alte Feste”. These 30 years left much of Germany devastated, and dislocated its economy for decades. But all that misery was the merest trifle compared to the havoc recently wrought in six short years, throughout Europe and the Orient.

The comparison between 1648 and 1948 is not original, and few will openly dispute its cogency. Men at war have ceased to toy with popguns and have taken to hurling thunderbolts, and civilization can no longer afford such self-mutilation. It was the acute awareness of these truths, forced upon us by The First World War, which has led to the general condemnation of those who wilfully launch a war of conquest as criminals in the deepest and most serious sense.

These proceedings at Nuernberg, in which crimes against peace are charged, are vitally important because the principles to be applied here are man’s best protection against his own capacity for self-destruction. When we say that aggressive war is a crime, we mean it to exactly the extent to which we are prepared to treat it as criminal in a judicial proceeding. No principle deserves to be called such unless men are willing to stake their conscience on its enforcement.

In this proceeding, we ask the Tribunal to test the conduct of men who stood at the top of the German profession of arms. In  
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¹ Opening statement is recorded in mimeographed transcript 2/5/1948, pp. 20-152.  
²  General Taylor refers to the request of Presiding Judge Young “that each separate functioning branch of the Tribunal cooperate to the fullest extent possible with all other branches of the Tribunal to the end that there may be a proper and expeditious presentation of the case of the prosecution and the defense, to the end that there may come out of this case the result that should be sought out by all right-thinking men in any judicial forum: a judgement that on the facts and the law as nearly as possible approximates justice.”
(Tr. p. 17.)
 

 
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