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Parent Remarks to Court on the motion attacking the jurisdiction of the Tribunal
Date June 1946
Language English
Collection Tavenner Papers & IMTFE Official Records
Box Box 3
Folder General Reports and Memoranda from June 1946
Repository University of Virginia Law Library
All of this is based upon a false claim that mankind now should be placed in a straightjacket consisting of alleged legal precepts without foundation or logic and should bow to the will of falsely claimed wormwood legalisms, unsound, unjust and unrealistic. While worshiping at the shrine of these unsound, unsupported and unsustainable legalisms, mankind in the meantime must remain supinely quiescent with the soft folded hands of indifference and await the destruction of the entire world in a literal sense because of these so-called legal precepts. The proposition is that mankind is without lawful power to save itself. We contend that this can never be, for the thinking people of the world today will refuse to be argued or directed into impotency by any such capitulation to idle, ill founded, false formalism. We shall discuss briefly the agreements of the Japanese Government and the strict lawful authority supplied by the various decrees of the Powers, including the Potsdam Declaration and the Instrument of Surrender and of vital and important correspondence between the United States of America and the Government of Japan which clarified beyond contention any issues upon this point. We shall contend that they in and of themselves clearly, in an unprecedented manner, provide for the validity of these proceedings exactly as they are now established. But in a larger sense, the clear answer to the question wherein lies the authority for such proceedings is to be found in a simple analysis of the fundamental requirements of life itself. As for precedents and pronouncements and traditions and practices, it makes little difference whether we refer to the Decalogue, the Sermon the Mount, or the teachings and well established practices of all nations and peoples in all parts of the globe, regardless of race, religion or creed. The law is clearly set forth: “Thou shalt not kill.” “Thou shalt not steal.” “Thou shalt not covet thy neighbor’s goods.” Surely these precepts are as old and as authoritative as civilization itself. They are so fundamental that they