"The Nuremberg Trials and aggressive war" - New York, 1946 – First Edition- Copy dedicated and signed by Chief Prosecutor Robert Jackson
THE NUREMBERG TRIAL AND AGGRESSIVE WAR By SHELDON GLUECK Professor of Criminal Law and Criminology, Harvard University Foreword by Justice ROBERT H. JACKSON N the prisoners' dock at Nuremberg sits an assortment of politicians, military men, and industrialists who are being prosecuted for the greatest number of the most heinous crimes ever recorded in the annals of a court. Continued on jo side front flau - "On the Prisoners’ Dock at Nuremberg sits a selection of politicians, military officers, and industrialists who stand trial for the greatest number of the most heinous crimes ever recorded in the annals of a court of law." Published by Alfred A. Knopf, New York, 1946 – First Edition. Dedicated and signed copy by the Chief Prosecutor of the Nuremberg Trials, Justice Robert Houghwout Jackson, who also wrote the book's introduction.
An Important Publication on the Legal and Ethical Dilemmas Faced by the Prosecution at the Nuremberg Trials in Charging Nazi War Criminals with "Crimes Against Peace" Through the Notion of "Aggressive War" – The Brutal Manner in Which the Nazis Invaded Occupied Countries as a Standalone Charge (in Addition to Other Counts of Indictment). Written by Sheldon Glueck, Professor of Criminal Law and Criminology at Harvard University, this work offers an in-depth analysis of the legal and moral aspects of the Nuremberg Trials held after World War II. Glueck underscores the importance of establishing a legal precedent for holding individuals accountable for planning and executing aggressive wars, marking the first time in history that "aggressive war" was defined as an international crime and a "crime against peace."
Glueck reveals that some of the prosecutors initially preferred the immediate execution of Nazi war criminals, fearing that keeping them alive throughout the months-long trial could fuel pro-Nazi propaganda after the war. He even discloses that the United Nations had given conditional approval for such executions should such propaganda emerge. He emphasizes the significance of defining "aggressive war" as a war crime, as this legal framework allowed for the prosecution of Nazi military commanders whose direct involvement in ordering massacres of Jews could not be sufficiently proven. The book extensively discusses pre-World War II international legal frameworks that had already defined "aggressive war."
Additionally, the book examines the personal responsibility of Nazi defendants—including military officers and industrialists—for the crimes committed, reinforcing the principle that "following orders from above" does not absolve one of direct responsibility. Glueck also analyzes how the Nuremberg Trials influenced the development of international law, particularly in the fields of war crimes and crimes against humanity, and how they contributed to the creation of legal mechanisms for prosecuting future war criminals. He presents the legal and moral challenges that arose during the Nuremberg Trials, uncovering the judicial procedures that led to the prosecution of Nazi war criminals and shaping the future of international criminal law.
In the introduction to the book, Justice Robert H. Jackson, Chief Prosecutor at the Nuremberg Trials, states that the author, Sheldon Glueck, was among the first to address Nazi war criminals in terms of legal prosecution rather than merely political condemnation. He adds that when negotiations between the Allied powers began regarding the structure of the prosecution at the trials, Glueck’s book was one of the few existing studies on the legal challenges involved. As a result, a vast amount of material flowed into the prosecution, providing a clear picture of the criminal liability of the Nazi war criminals for their actions. Jackson emphasizes that Glueck’s definition of "aggression" enabled the tribunal to prove that the Nazis had always intended to seize the lands of neighboring countries and eliminate their populations, and that their brutal aggression was unlike any previous acts of war. He further notes that the Nuremberg judges had access to transcripts from secret meetings in which pre-planned “incidents” were orchestrated as pretexts for German attacks. This argument was further strengthened by the original negatives of German propaganda films, which proudly documented their successive invasions and the ensuing destruction. In none of these propagandistic films was it ever claimed that Germany was attacked first. Jackson concludes: "For those interested in the legal developments and considerations underlying the London Agreement of August 8, 1945, and the Nuremberg Trials, I commend Dr. Glueck’s scholarly research and persuasive analysis."
Throughout the war,
Professor Glueck was a leading figure in the investigation of war crimes. In 1941, he was invited by the War Crimes Commission, the International Assembly in London, and the League of Nations to serve as the American representative on the commission. In this role, he authored a series of groundbreaking memoranda for the committee. In the spring of 1945, he was invited by Major General William J. Donovan, head of the Office of Strategic Services (OSS), to serve as his personal advisor on war criminals. Glueck was also a member of the New York Bar Association and a member of the advisory committee for the Supreme Court’s Federal Rules of Criminal Procedure.
Robert Houghwout Jackson (1892–1954) was an American politician, attorney, and judge who served as a Justice of the U.S. Supreme Court. Prior to that, he held positions as Solicitor General and Attorney General of the United States, making him the only individual in American history to serve in all three roles. Jackson was also the Chief Prosecutor at the Nuremberg Trials against Nazi war criminals after World War II. In 1945, President Harry Truman appointed Jackson to lead the prosecution team at the trials. To assume this role, Jackson took a leave of absence from the Supreme Court. Jackson was instrumental in drafting the agreement between the United States, the Soviet Union, the United Kingdom, and France, known as the London Agreement, which became the foundation for the International Military Tribunals in Nuremberg and Tokyo. This agreement defined the crimes for which the defendants could be charged:
Crimes Against Peace, War Crimes, Crimes Against Humanity. He later served in Nuremberg as the Chief Prosecutor for the United States at the International Military Tribunal. Jackson carried out his role with remarkable courage and determination, and his opening and closing statements before the tribunal became widely acclaimed and historically significant.
XV, 121, [2] pages. Hardcover with original dust jacket. Light tears along the edges of the dust jacket. Good condition.