As prosecutor at the Nuremberg trial, author of the ... judicial forum." ... As prosecutor at the Nuremberg trial, author of the landmark Tyranny on Trial, and proponent of the International

2

The year was 1945. The Nazi regimehad been stopped in its tracks, the sec-ond world war had finally ended, andthe world demanded that those directlyinvolved in orchestrating the heinousacts of aggression and unprecedentedbrutality pay for their crimes. Alliedleaders advocated an international mili-tary tribunal and persuaded others, wish-ing to shoot the Nazi leaders on thespot, that the rule of law was the onlymeans of ensuring universal justice.

For Whitney R. Harris, a youngUnited States naval officer and attorney,the Nuremberg trial not only enabledhim to join the prosecution team inusing the legal system to bring aboutpeaceful resolution, but also shaped therest of his professional career.

In Tyranny on Trial, a major treatiseoriginally published in 1954 and up-dated in 1995 and 1999, Harris, now89, preserves for pos-terity the circum-stances surroundingNuremberg.

“It is the natureof man that, shockedand revolted by actsof wanton cruelty,he shall strike backat the perpetrator,”Harris wrote in hisbook. “That the endof World War II didnot lead to reprisalsagainst the Germanpeople—a life taken

for a life destroyed—is a tribute to thecalm judgment of men trained in lawwho channeled the fury of the hurt and

the oppressed into ajudicial forum. Therethe record of the Nazicrimes was publishedand preserved for his-tory, the responsibili-ty of those who com-mitted those crimeswas judicially estab-lished and declared,and a punishmentwas visited upon theguilty commensuratewith civilized stan-dards of criminalaccountability.”

“Hitler led Germany into the abyss. … In his brief hour about his-tory’s stage, he caused the commission of crimes of the greatestmagnitude ever endured by suffering humanity. … World War II isnow an event of history. Germany, free of Nazism, is once more arespected member of the world community. ... As never before inhistory, the prospect has opened for the establishment of worldpeace and justice, under the rule of law. The opportunity is here toend war on this planet, and turn to the exploration of new worldsin the unfolding universe. … In shunning the evil of yesterday, we(must) not forget the wrongs to which it led—and having forgottenthem, believe them never to have happened.”Whitney R. Harris, Tyranny on Trial

"That the end of World War IIdid not lead to reprisals

against the German people—a life taken for a life

destroyed—is a tribute tothe calm judgment of

men trained in law whochanneled the fury of thehurt and the oppressedinto a judicial forum."

Whitney R. Harris

As prosecutor at the Nuremberg trial, author of the landmarkTyranny on Trial, and proponent of the InternationalCriminal Court, Whitney R. Harris advocates universal justice.

by Ann Nicholson

20627_Spring 2002 3/19/02 11:12 AM Page 2

3

Harris described how theNuremberg trial created a precedentestablishing that the leaders of anyfuture regime who commit acts ofaggressive war, war crimes, or crimesagainst humanity may be prosecutedin a court of law.

“There is no longer any state, orany ruler of any state, who can claimtotal immunity from the law,” Harriswrote in the preface to his book. “AtNuremberg we put Tyranny on Trial.It is our duty to keep tyrants foreverunder the law. The story of Hitler’sGermany is recorded here—a lessonfor all humanity.”

A 1936 graduate of the Universityof California–Berkeley Law School,Harris was practicing law in LosAngeles when Japanese air forcesbombed Pearl Harbor. “It was Sundaymorning, December 7, 1941, when weheard the news by radio. The UnitedStates was at war,” Harris recalls. “Iapplied for enlistment in the UnitedStates Navy, was accepted, and servedas a line officer until I was transferredto the Office of Strategic Servicestoward war’s end.”

OSS placed Harris in chargeof the investigation of German warcrimes in the European theater.He established his headquarters inSt. James, London, close by BritishIntelligence headquarters.

“While I was on this assignment,Justice Robert H. Jackson, UnitedStates chief of counsel, came toLondon to negotiate the charter forthe international military tribunal totry the principal German war crimi-nals,” Harris says. “I occasionally sup-plied his office with incriminatingGerman documents and was invitedto join his staff. I accepted the offer,and transferred with the staff toNuremberg in August 1945.”

Because of his knowledge ofGerman intelligence, Harris wasassigned the case against ErnstKaltenbrunner, the head of the ReichMain Security Office and its two pri-mary branches: the Secret Police, or

For the latest Institute news, For the latest Institute news,

visit http://law.wustl.edu/iglsvisit http://law.wustl.edu/igls

Naming of the Institute Honors Whitney R. HarrisIn recognition of Whitney R. Harris’ achievements in the field of inter-national justice and his support of legal education and research, theSchool of Law held a ceremony February 7, 2002, to name its Institutefor Global Legal Studies in hishonor. Harris has given a gift of$2 million to support the Institute.

“The University has beenstrengthened by the wonderfulgenerosity of Whitney Harris; hiswife, Anna; and his family. Weare very grateful for Whitney’sinterest in our law school, ourlibraries, and many other acade-mic and artistic endeavors onour campus, which, over theyears, have been greatlyenhanced by his support,” saysChancellor Mark S. Wrighton.“This gift from Whitney to thelaw school will provide critical support to place the Whitney R.Harris Institute for Global Legal Studies among the top centers of its kind in the world.”

Joel Seligman, dean and the Ethan A.H. Shepley UniversityProfessor, says that Harris’ connection with the Institute is a wonderfulmatch. “It is rare that the purpose of an educational entity can bematched so well with the career of the individual after whom it isnamed. Whitney Harris was a prosecutor at Nuremberg, championedinternational law through his book on the Nuremberg trial, and, morerecently, has been an advocate for a permanent international criminalcourt,” Seligman says. “We are pleased the Institute, which focuses onthe key international legal issues of our time, is now associated withWhitney’s legacy.”

Now in its second year, the Institute has hosted close to 30 individ-uals or delegations of speakers from throughout the world. Harris wasamong the participants in the Institute’s inaugural colloquium on “TheUnited Nations and the Protection of Human Rights.” He noted that hisformer directorship of a program for foreign law students at SouthernMethodist University—combined with his experience at Nuremberg andwork promoting the International Criminal Court—sparked an immedi-ate interest in the Institute and its global legal focus.

Whitney and Anna Harris weretoasted at the dedication ceremonyfor the Whitney R. Harris Institutefor Global Legal Studies.

Mar

y But

kus

20627_Spring 2002 3/19/02 11:12 AM Page 3

4

Jackson wrote in the introductionto the book shortly before his death:“Never have the archives of a belligerentnation been so completely exposed aswere those of Nazi Germany at theNuremberg trial. They were laid out ina courtroom before the very highest oftheir surviving authors, who, with ablecounsel and firsthand knowledge, sub-jected them to correction, explanation,and attempted justification. …

“But its record of 42 volumesis too vast, detailed, and disjointedfor general study. Now ProfessorHarris—by scholarship and experienceadmirably qualified—in the calm ofintervening years has prepared a factualsummary of the evidence that is objec-tive, accurate, and comprehensive.”

A 1954 New York Times bookreview notes Harris’ “masterly andmeticulous condensation” of the vastnumber of documents and referred toTyranny on Trial as “one of those booksthat are heart-rending to read and per-ilous to ignore.”

Since Nuremberg, Harris haschampioned the cause of internationalhuman rights through updates to his

book that addresssubsequent prosecu-tions in nationalcourts and throughnumerous speakingengagements.He donated toWashingtonUniversity’s OlinLibrary in 1981 hiscollection on theThird Reich ofGermany, which isnow housed in theJane and WhitneyHarris ReadingRoom.

He is an out-spoken proponentof internationaltribunals thathave built uponNuremberg’s legacy.

He regrets that no charges were everbrought against Iraqi dictator SaddamHussein and fully supports the United

Gestapo, and the Security Service,or SD.

One of the highlights of thisassignment was the interrogation ofOtto Ohlendorf, the chief of intelli-gence inside Germany, shortly beforethe trial began. “When I asked himto describe his services during the war,he mentioned that he had worked fora year as chief of the Einsatzgruppe D.I recalled a letter written by a mannamed Becker from an Einsatz-commando complaining of the mal-functioning of a gas van operating inthe Eastern territories, and was inspiredto ask Ohlendorf: ‘During the year youwere chief of Einsatzgruppe D, howmany men, women, and children didyour group kill?’ He answered, ‘90,000.’This was the first evidence on theHolocaust received from a witnessat Nuremberg.”

Toward the end of the trial, afterthe prosecution had rested its case,Harris similarly interrogated, over aperiod of three days, Rudolf Hoess, theformer head of the Auschwitz concen-tration camp in Poland. Hoess con-fessed to establishing exterminationfacilities in Auschwitz, where, he testi-fied, 2.5 million victims were extermi-nated. (While Rudolf Hess, Hitler’sdeputy, was a defendant at Nuremberg,Auschwitz commandant Hoess was

turned over to Polish authorities forprosecution.)

For his services at Nuremberg,Harris was awarded the Legion ofMerit, the highest award received byany trial counsel. He then transferredto Berlin where he served in theUnited States mili-tary government aschief of the LegalAdvice Branch.

In 1948, RobertG. Storey, who hadserved as executivetrial counsel atNuremberg beforebecoming dean ofSouthern MethodistUniversity School ofLaw, invited Harristo join the law facul-ty. While he was alaw professor atSMU from 1948 to1954, Harris wroteTyranny on Trial,the first compre-hensive view of theNuremberg proceed-ings. In addition tohis own experiences, he drew upon the42-volume transcript of the proceedingsand other records.

"Never have the archives ofa belligerent nation been socompletely exposed as were

those of Nazi Germany atthe Nuremberg trial. …

Now Professor Harris—byscholarship and experience

admirably qualified—inthe calm of intervening

years has prepared a factualsummary of the evidence

that is objective, accurate,and comprehensive." Justice Robert H. Jackson

At the podium, Whitney R. Harrisaddresses the court during the 1945 Nuremberg trial.

20627_Spring 2002 3/19/02 11:12 AM Page 4

5

New DirectorNamed for InstituteJohn O. Haley, the Wiley B. Rutledge

Professor of Law, will become director of

the Whitney R. Harris Institute for Global

Legal Studies on July 1, 2002. He succeeds

Stephen Legomsky, the Charles F. Nagel

Professor of International and Comparative Law, who will serve as

chairperson of the Institute’s Faculty Advisory Board and as liaison

to the Institute’s International Council.

“Haley is a distinguished comparative law scholar with an interest

in all things international and particular expertise in the law of Japan,”

says Legomsky. “I am delighted that the Institute will be in such capable

hands, and I look forward to working with him.”

Haley is known among practicing lawyers and scholars throughout

the world. Formerly the Garvey, Schubert & Barer Professor of Law and

of International Studies and director of the Asian Law Program at the

University of Washington–Seattle, he joined the Washington University

School of Law in July 2000.

The principal focus of his research has been Japanese law. Haley’s

scholarly works span issues ranging from land-use law to adjudicatory

jurisdiction. He has written extensively on Japanese legal history, on

competition law and other trade-related issues, on judicial organization

and independence, and on restorative justice.

Haley’s original scholarship has helped define how legal rules are

used and enforced in Japan. He has also conducted extensive research

on regulatory rules and the administrative process, particularly what

the Japanese call administrative guidance.

In the course of his scholarship, Haley has highlighted areas in

which the Japanese approach yields positive results, including Japan’s

restorative approach to criminal justice and the degree to which its

judiciary has been virtually free of corruption.

To deepen his understanding of the comparative context of the

Japanese legal system, Haley began over two decades ago to exam-

ine the continental European—particularly German—antecedents of

Japanese law. This effort expanded in the 1990s to a broader teach-

ing and research interest in comparative legal traditions, particularly

the development and spread of the tradition of civil law in Europe,

Latin America, and East Asia.

Haley has written three books and edited or co-edited four

others. He is also co-editor of a leading comparative law casebook,

The Civil Law Tradition: Europe, Latin America, and East Asia, as well

as three sets of English-language teaching materials on Japanese

law. His 1991 book, Authority Without Power: Law and the Japanese

Paradox, and 1978 article, “The Myth of the Reluctant Litigant,” are

both considered seminal works in the field.

Nations Security Council’s establish-ment of criminal tribunals to addressacts of genocide in the formerYugoslavia and Rwanda.

In 1998, Harris was a nongovern-mental organization delegate to theRome conference on establishing anInternational Criminal Court. He fullysupports the statute, which will comeinto force when ratified by 60 of thesigners of the ICC treaty, likely by theend of 2002.

“The 20th century, whichspawned the gravest wars of history,has found redemption in the greatachievements of international law atNuremberg and Rome,” Harris says.“The achievements of that great trialand historic conference—in elevatingjustice and law over inhumanity andwar—give promise for a better tomor-row for humanity in a world of peaceunder the rule of law.”�

In his home office, Whitney R. Harrisreflects on the Nuremberg legacy.

20627_Spring 2002 3/13/02 12:20 PM Page 5