Judgment on Nuremberg by William J. Bosch

Author:William J. Bosch [Bosch, William J.]
Language: eng
Format: epub
Tags: History, Europe, Germany
ISBN: 9781469650111
Google: g_ZjDwAAQBAJ
Publisher: UNC Press Books
Published: 2018-07-25T00:43:14+00:00

Notes

1. Gordon Ireland, “Ex Post Facto from Rome to Tokyo,” Temple Law Quarterly 21 (July, 1947): 53-54 (hereafter cited as Ireland, “Ex Post Facto”). If involvement with the prosecution is not considered, the division of opinion would be 75% favorable to the trials, 25% against. The basis for this estimate is the views expressed in over seventy-seven articles on the Nuremberg trials which appeared in forty-one American law journals.

2. That this “detective” work is absolutely necessary is proved by the fact that the biographer of Chief Justice Harlan Stone has no knowledge of any direct statements on Nuremberg by any of the justices who are presented as doubtful in this study. Letter of Alpheus T. Mason to the author, October 11, 1965. The members of the Supreme Court at the time of the Nuremberg trials were Chief Justice Harlan F. Stone and Associate Justices Robert H. Jackson, Hugo L. Black, Frank Murphy, Wiley B. Rutledge, Jr., William O. Douglas, Stanley Forman Reed, Felix Frankfurter, and Harold H. Burton.

3. Glendon A. Schubert, Constitutional Politics, The Political Behavior of Supreme Court Justices and the Constitutional Policies That They Make (New York: Holt, Rinehardt, and Winston, 1960), p. 358 (hereafter cited as Schubert, Constitutional Politics).

4. New York Times, April 14, 1945, p. 16; Robert H. Jackson, “The Rule of Law Among the Nations,” American Bar Association Journal 31 (June, 1945): 290.

5. Eugene C. Gerhart, America’s Advocate, Robert H. Jackson (Indianapolis: Bobbs-Merrill, 1958), p. 453.

6. New York Times, May 30, 1945, p. 3; June 7, 1945, p. 8; June 8, 1945, p. 4; July 7, 1945, p. 5; August 2, 1945, p. 8 and passim. Jackson, “Final Report,” pp. 774-76.

7. William Orville Douglas, An Almanac of Liberty (Garden City, N.Y.: Doubleday, 1954), p. 96.

8. New York Times Magazine, January 1961, p. 11.

9. Alpheus Thomas Mason, Harland Fiske Stone, Pillar of the Law (New York: Viking, 1956), p. 716 (hereafter cited as Mason, Stone).

10. Ibid., p. 715.

11. Ibid., p. 715.

12. Trial of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10, 15 vols. (Nuernberg: International Military Tribunal, 1949), 15:1192 (hereafter cited as TWC).

13. Harlan Fiske Stone’s son attempted to clarify his father’s apparently contradictory views in a letter to Mason. “I am not at all sure that Father s view regarding the Nuremberg trials [and] his opinions in the Saboteur and Yamashita cases are inconsistent. It was Father’s thought from the beginning that the Nazi defendants could be dealt with through a military rather than a judicial trial—the very thing that eventually occurred in the Yamashita case. . . . There seemed to be no basis for using a judicial trial to carry out a matter of military or national policy.” Letter of Lauson H. Stone to A. T. Mason, cited in Mason, Stone, p. 719.

14. John P. Frank, Marble Palace, The Supreme Court in American Life (New York: Knopf, 1958), pp. 258-59; John P. Frank, Mr. Justice Black, The Man and His Opinions (New York: Knopf, 1949), p. 131.

15. TWC, 15:1192.

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