Стенограмма Нюрнбергского процесса. Том XVIII.
ONE HUNDRED AND SEVENTY-NINTH DAY
Tuesday: 16 July 1946
FLOTTENRICHTER OTTO KRANZBÜHLER (Counsel for the Defendant Dönitz): … In view of the repeated accusations which the Prosecution have construed here and elsewhere from the camouflaging of measures and the denial of facts, I feel obliged to make a few remarks on the point as to whether there is any obligation at all in international politics to tell the truth. However things may be in peacetime, in times of war at any rate one cannot recognize any obligation to tell the truth in la question which may be of advantage to the enemy. I need only point .to Hugo Grotius who says: "It is permissible to conceal the truth wisely. Dissimulation is absolutely necessary and unavoidable."*
* De jure pacis ac belli , Book III, Chapter I, Paragraph 6, citation Augustin: "One may conceal the truth wisely," and Cicero: "Dissimulation is absolutely necessary and unavoidable, especially for those to whom the care of the state is entrusted."
...The American prosecutor, Justice Robert Jackson, in his report to the President of the United States with regard to this problem, expressed his opinions as follows, and I quote:
"International law is not capable of development by legislation, for there is no continuously sitting international legislature. Innovations and revisions in international law are brought about by the action of governments, designed to meet a change in circumstances. It grows, as did the common law, through decisions reached from time to time in adapting settled principles to new situations."
These words carry a full justification of the clause objected to by the Prosecution in the memorandum of the Naval Operations Staff. And the fact that the Allies also deemed war-deciding measures to be justified even though they were contradictory to hitherto valid concepts of international law is proved by the use of the atomic bomb against Japanese cities.
Tuesday: 16 July 1946
FLOTTENRICHTER OTTO KRANZBÜHLER (Counsel for the Defendant Dönitz): … In view of the repeated accusations which the Prosecution have construed here and elsewhere from the camouflaging of measures and the denial of facts, I feel obliged to make a few remarks on the point as to whether there is any obligation at all in international politics to tell the truth. However things may be in peacetime, in times of war at any rate one cannot recognize any obligation to tell the truth in la question which may be of advantage to the enemy. I need only point .to Hugo Grotius who says: "It is permissible to conceal the truth wisely. Dissimulation is absolutely necessary and unavoidable."*
* De jure pacis ac belli , Book III, Chapter I, Paragraph 6, citation Augustin: "One may conceal the truth wisely," and Cicero: "Dissimulation is absolutely necessary and unavoidable, especially for those to whom the care of the state is entrusted."
...The American prosecutor, Justice Robert Jackson, in his report to the President of the United States with regard to this problem, expressed his opinions as follows, and I quote:
"International law is not capable of development by legislation, for there is no continuously sitting international legislature. Innovations and revisions in international law are brought about by the action of governments, designed to meet a change in circumstances. It grows, as did the common law, through decisions reached from time to time in adapting settled principles to new situations."
These words carry a full justification of the clause objected to by the Prosecution in the memorandum of the Naval Operations Staff. And the fact that the Allies also deemed war-deciding measures to be justified even though they were contradictory to hitherto valid concepts of international law is proved by the use of the atomic bomb against Japanese cities.