fromThe American Conservative
2 months agoRobert Taft's Principled Stand Against Nuremberg
Taft's critique centered on a bedrock legal principle: ex post facto law. The charges brought at Nuremberg-particularly "crimes against peace" and "conspiracy to wage aggressive war"-were not established crimes under international law when the defendants allegedly committed them. The tribunal represented victor's justice dressed in legal robes, establishing retroactive criminality to punish the vanquished. As Taft argued in an October 1946 speech, "The trial of the vanquished by the victors cannot be impartial no matter how it is hedged about with the forms of justice."