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The Judge Advocate Journal, Vol. II, No. 3, Fall-Winter, 1945

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The Judge Advocate Journal, Vol. II, No. 3, Fall-Winter, 1945 ~he JUDGE A Published Quarterly by Judge Advocates Association VOL. II, NO. ;\ FALL-\VIN'rER, I 91[) MAJOR GENERAL THOMAS HENRY GREEN Th e .Judge A dvoc{l/ e GeII e rat -TABLE OF CONTENTS Page MAJOR GENERAL THOMAS H. GREEN, THE JUDGE ADVOCATE GENERAL Cover Portrait THE GENERAL'S PAGE 3 THE PRESIDENT SAYS 4 MEET GENERAL GREEN 5 THE JUDGE ADVOCATE GENERAL-PEARL H.\RBOR TO V-J DAY 6 THE RULE AGAINST EX POST FACTO LAWS AND THE PROSECUTION OF THE AXIS WAR CRIMINALS 8 Dr. Hans Kelsen j PUNISHMENT OF WAR CRIMINALS 13 Major Joseph S. Robinson, JAGD JOHN ANDRE: OFFICER AND GENTLEMAN 23 Colonel W. A. Graham, U.S.A. Retired WORK OF THE BOARDS OF REVIEW 29 Colonel William A. Rounds, JAGD HONOR ROLL 30 THE END OF THE BOJAG-MTO TRAIL 32 Major Cicero Sessions, JAGD OUR MAIL POUCH 33 WASHINGTON NEWS AND VIEWS 35 THEJUDGEADVOCATEGENERAL~SCHOOL 36 Captain George P. Forbes, J1"., JAGD JUDGE ADVOCATE GENERAL'S SCHOOL ALUMNI NOTES R8 LIST OF PROMOTIONS 43 THE JUDGE ADVOCATE JOURNAL JUDGE ADVOCATES ASSOCIATION P"blislted quarterly by hodge Advocates Associatioll °UiceTs 1225 New York Ave., N. W., Washington 5, D. C. Major General lIIyron C. Cramer, The Judge Advocate General . Subscription price $4 per annum; $1.00 per number. .............................................. Honorary PresIdent Colonel Howard A. Brundage, JAGD ...........................President EDITORIAL BOARD Colonel Herbert M. Kidner, JAGD ..................... lst Vice President Major Clarence L. Yancey, JAGD, Editor Lt. Colonel Edward B. Crosland, J AGD ................2nd Vice President Milton J. Baldinger, Managillg Editor Lt. Colonel Lee H. Cope, J AGD ................................Treasurer Major Samuel F. Beach, JAGD., ...............................Secretary Captain Sherwin T. :\[cDowell, .JAC», Associate Editor ~fi1ton 1. Baldinger .................................. Executi\'e Secretary DhectoTs Alaj. Gcn. Archer L. Lerch Lt. Col. Fletcher R. Andrews, JAGD Brig. Gen. Thomas H. Green Lt. Col. Paul W. Brosman, JAGD Brig. Gen. John M. \Veir Lt. Col. Gordon Simpson, J AGD Colonel Joseph A. Avery, JAG]) Lt. Col. Edward F. Gallagher, JAGD Colonel George H. Hafer, J AGD Lt. Col. JeremiahJ. O"Connor, JAG]) Colonel William J. Hughes, Jr. , JAGD Major John W. Ahern, J AGD Colonel Marion Rushton, JAGD Maior E. F. Daley. JAGD Colonel Franklin P. Shaw, JAGD Major Charles Welch, JAGD Colonel Reginald C. Miller, JAGD Captain G. W. Wesselink, JAGD Colonel Thomas E. Sands, Jr., JAG]) Captain David F. Andel·son, JAGD The judge Advocate journal is not an organ of the 'Var Department. The viell's expressed in the journal are those of the author of each article primarily. It is [he policy of the Journal to print articles on subjects of interest to officers in the judge Advocate General's Department in order to stimulate thought and promote discussion.; this policy will be carried out even though some of the opinions advanced may be at variance with those held by the Officers and Directors of the Judge Advocates Association and the Editors. The judge Advocate Journal is published quarterly by the judge Advocates Association, 1225 New York Avenue, N.W., Washing· ton 5, D. C. Entered as Second Class Matter july 4, 191-1. at the post office at Washington, D. C., under the Act of March 3rd, 1879. Suhscription 54.00 a year. THE genera/~ PAGE HI,S IS THE L\S'1' opportunity I shall haH' to address you as The ,fudge .\d\'{)CaLe T Ccneral. Our ~Issociatiolls during the \\'ar veal'S have been stich that I find this prospect not untinged with sadness. i iOiI"l'\Cr. I like to think thaL the friendships \\'(: haH: lonlied ~In: personal as well as official and \\'ill not cease upon Illy retirelllent. I am happy to ha\'(: this opporttlnity to thank sincerely all judge adl'<)C<lles lor Lheir patriotic sen'ice to this Departlllent and their country during \\'odd \Var i L iknlands ha\'e Iwen and arc still being lllade upon the Judge .\dvocate Ceneral's Department on a scale hitherto unknO\\'n in the history of the IkpartmcnL Our acti\'itics had to bc geared 10 a global war. The professional skilI. the cnergy and the loyalty of on'\' twenty-ninc hundred judge a(hocates have combincd to make it possible lor our Departlllent to l!lcet those demands and. in llly opinion. Illeet thelll welL YOtl represent a cross section of the finest of the bar in the United States so it. is snlall wondcr that. with lllen of your caliber in our Corps. thc Departillent has been able to render this sen'ice to the country. .\lthough hostilities han: ceased. sen-ice continues as the \\'atchword oj the Departillent. I alll confident that Cenerai Green \I'ill ha\T your cOlltinucd lovalty. \Vith that, both he and the Departlllellt call look to the fUllire with confidence. In the cOllling months Illany of you will be returning to pri\ate practice. ill ncarly e\'uy instance to take tip careers interrupted by your war sen'icc. The task or reestablishing- your praqice will not ah"ays be easy but. knowing you as I do. i alll confident that you ha\'e the ability to meet. the problelll, I hope that your task of' reconversion will not be too difficult and that you \I'ill enjoy e\'ery success in your practice. You will find that your experience in this Departlllent will prove or value to you in civilian life. I hope. 100. that you \I'ill abl'ays maintain your intercst in our Corps so that, should the need C\Tr again arise. We shall have a strong group both willing ane! capable of selTing. One of my most pleasant reflections as I am about to tCl'minate Illy service is the thought that you share my pride in being a member of our Corps which, as r have said many times before. I belicve to be the finest body of professional men in the ;\nny. I shall always retain an interest in and affection for you personally and individually. I trust that ill the future \IT mal' meet Illanv times. Lilllil then. good bye alld good luck. .\IYlw:\ C. CJ{A\fER ,\lajoF (;e//('}'{(! TIll' ./Ildgl' ,'/rh}{)(([/(, (;r:YleFa/ ,10 ~o\Tlllber I~H5 Page 3 THE SAYS- .\S IT WORTHWHILE? That is a question that number oj competellt lawyers and fine fellO\\'s from all W Jl],tlly of us will ask of ourse]n's ;!s we return to States of the Union which we would not have met except ci\"ilian li[~·. for our sen"ice in the JAGD. "Warm and lasting friend­ In our day to day exist.ence during the \I"ar. our can· ships ha\"e been formed which will be counted, in later t.rilmtion to t.he \I'ar effort as lawvcrs and as Judge years. as our greatest and most valued treasures. 'Ve Advocat.es seemed so insignificant and unimportant that find a storehousc of fond recollections of the kind without. an\' hesitation the answer then 1I'(Hlld haye becn thoughtfulness. the willing and generous help, the wise ill t.he ncga'ti\"e most emphat.ically and sOll1et imes alJ110st counsel. the \I'arm hospitality. and the happy associa­ t.earfullY. That. "'as understandable because II"C lI'elT t ions of our friends. Therein is the tic that binds us classed 'as Sen'ice of Supply. \\'(' liTre a part of tbe together. Lastly. \I'C leave with the knowledge and the overhead. \\le "'ere far do,,'n the line from the man inner satisfaction of duty performed and the job finished. .who pulled the trigger. There was no excitement, famc That there arc few among us who do not proudly wear or glory to be expected, but only the daily grind and the crossed s\I'ord and quill gives ample testimony to the drudgery that falls t.o the lot of the professional \I'orkcr fact that the job was well done. in a specialized branch of a large organization. Right Now to the business of the Judge ,\lin)Gltcs ,\ssocia· or wrong we all subscribed to the theory of soldiers first. tjon. l\'e\u- can the President of this Association speak and !;1\1'vers second and \IT got some measure of conso· without reminding the members that the dues for 194:) lation ,,:hen \I'e cheerfully ~xercised our soldier's pre­ became due Oil January 1st and the dues for 191(i rogatin: to gripe about c\Trything and cnTybodv arc 110\1' due. You \\'ho have not paid your dues can whether justified or nol. no\l' take time off' \I'ithout losing the war. It is urgently In addition to this, there \\'as the frustration due to requested that you attend to this piece of business \I'ith­ red tape, the necessary regimentation. and the subordi­ out delay. Our good Treasurer. Lt. Col. Cope, has don(' nation of will and action to rank. It. is one of the Ull­ an outsanding job and I know he would be pleased if noticed phenomena of our citizen's army that so lll,!ll\" he could rcport the membership paid up 100 percent. lawyers. by nature contentiolls and independenl in This is mv S\l'an song as your President. Nothing thought and action. buckled dO\\'il and played the game could be l110l~e appropria\e th~n to sing a swan song i;l in accordance to the rules lllade by professional soldiers. Nurnburg in the heart of Germany along \I'ith the There \\'ere many times "'hell \I"e could ha\"e predicted once haughty leaders of the mighty Deutschland.
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