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Telford Taylor

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The laws of war do not apply only to the suspected criminals of vanquished nations. There is no moral or legal basis for immunizing victorious nations from scrutiny. The laws of war are not a one-way street.
--
The Anatomy of the Nuremberg Trials: A Personal Memoir

 
Telford Taylor

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Political realism refuses to identify the moral aspirations of a particular nation with the moral laws that govern the universe. As it distinguishes between truth and opinion, so it distinguishes between truth and idolatry. All nations are tempted — and few have been able to resist the power for long — to clothe their own aspirations and action in the moral purposes of the universe. To know that nations are subject to the moral law is one thing, while to pretend to know with certainty what is good and evil in the relations among nations is quite another. There is a world of difference between the belief that all nations stand under the judgment of God, inscrutable to the human mind, and the blasphemous conviction that God is always on one's side and that what one wills oneself cannot fail to be willed by God also.

 
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I am persuaded to believe that God had left nations to the liberty of setting up such governments as best pleased themselves, and that magistrates were set up for the good of nations, not nations for the honor and glory of magistrates. That the right and power of magistrates in every country was that which the laws of that country made it to be. That these laws are to be observed and the oaths taken by rulers to be kept. And that having the force of contracts between magistrates and people, they cannot be violated without danger of dissolving the whole fabric.

 
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Justice has nothing to do with victor nations and vanquished nations, but must be a moral standard that all the world's peoples can agree to. To seek this and to achieve it - that is true civilization.

 
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One may well ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal, but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that "an unjust law is no law at all."

 
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The question may thus be asked: What are the norms for international behavior? The nations' animal instincts? The tiger in them? Do the laws of the fishes in the sea or of the beasts in the forest apply?

 
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