MR. JUSTICE JACKSON. I really think that this trial, if it should get into an argument over the political and economic causes of this war, could do infinite harm [FOR THE ALLIED CAUSE, 911I], both in Europe, which I don't know well, and in America, which I know fairly well. If we should have a prolonged controversy over whether Germany invaded Norway a few jumps ahead of a British invasion of Norway, or whether France in declaring war was the real aggressor, this trial can do infinite harm for those countries with the people of the United States. And the same is true of our Russian relationships. The Germans will certainly accuse all three of our European Allies of adopting policies which forced them to war. The reason I Say that is that captured documents which we have always made that claim-that Germany would be forced into war. They admit they were planning war, but the captured documents of the Foreign Office that I have examined all come down to the claim, "We have no way out; we must fight; we are encircled; we are being strangled to death." Now, if the question comes up, what is a judge to do about it I would say that, before one is judged guilty of being an aggressor, we must not only let him deny it, but say we will hear his case. I am quite sure a British or American judge would say to a defendant, "You may prove your claim", unless we had something like this which says, "No political, military, or other considerations excuse going to war". In other words, states have got to settle their grievances peacefully. I am afraid there is great risk in omitting this, and I see no risk in putting it in. It may be criticized, but I see no such risk in putting it in as in leaving it out. We did not think it necessary originally, but more recently we have.
