“That four great nations, flushed with victory and stung with injury stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever paid to Reason.” — from Jackson's Opening Statement before the International Military Tribunal

Ex-Prosecutor Emphasizes Legal Process Over War

(article is from the news section of the Jamestown Post Journal)
10/2/2004 - By JOHN WHITTAKER

A former Nuremberg prosecutor is calling on a greater role for the United Nations to make aggressive war obsolete in favor of a legal solution to international disputes.

Whitney R. Harris made his remarks Friday at the Robert H. Jackson Center during the first of several events commemorating the 50th anniversary of the death of Robert H. Jackson.

Harris worked with Jackson during the prosecution of Nazi war criminals at Nuremberg.

Harris' speech on Friday, however, focused on the future of international justice rather than his role at Nuremberg.


While Nuremberg was the first international criminal trial following an aggressive war, Harris said the law is the key to preventing all wars in the future. Copies of Harris' latest book, The Tragedy Of War, was also distributed following his speech Friday. The Jackson Center published the 125-page manuscript.

Aggressive warfare, Harris said, has been a problem since the time of the ancient Greeks that has never been properly solved. Terrorists add a new wrinkle to the problem because terrorists operate outside the law.

While a head of a foreign government - Saddam Hussein, for example - can be tried in an international court, terrorists cannot.

War involves nations while terrorists defy nations, Harris said. Neither terrorists nor pirates are recognized in the International Court of Justice established in 2002.

To ensure peace in the future, Harris said terrorists and tyrants must be eradicated, democracy must prevail throughout the world and the rule of law must displace the rule of force.

Decisions to remove tyrants and dictators should never be made unilaterally, he said. Instead, resolving such disputes through a legal process is the only sensible alternative to war.

That body is the United Nations Security Council, though Harris said the International Court of Justice should be given power by the Security Council to make sure that the United States, Britain, France, China and Russia can't escape the court's decisions.

No single nation is capable of establishing a world peace.

All nations must take part, Harris said, by expelling terrorists and tyrants from the international community. They should not be allowed to be United Nations members, he said, while trade and economic sanctions should be used more.

''How can it be that more than 2,500 years after this tragedy, man, who fancies himself to be intelligent, has still not found a solution to this tragedy - war and the aftermath of war?'' Harris asked.