ROSS, JOSEPH A., Ph.D. The Nuremberg Paradox: How the Trial of the Nazis Challenged American Support of International Human Rights Law. (2018) Directed by Dr. Mark E. Elliott. 376 pp. This dissertation is an intellectual and legal history that traces the evolution of human rights concepts by focusing on American participants who were at the center of the Nuremberg Trial—Robert Jackson, Francis Biddle, and John Parker. It addresses questions such as: What impact did the Nuremberg Trial have on international human rights law in the postwar period? How did Jackson, Biddle, and Parker understand human rights, national sovereignty, international law, and international engagement before the Trial? Did their views change as a result of their Nuremberg experiences? What challenges, if any, did they face in upholding human rights when they returned home? The answers to these questions reveal a key paradox surrounding Nuremberg. A paradox seems to contradict generally received opinion yet is still true, which is an apt description of the Nuremberg Trial. It was a pivotal moment in the development of international human rights law, and of the U.S. commitment to internationalism. One way of measuring Nuremberg’s importance is through the impact it had on Jackson, Biddle, and Parker’s thinking after the Trial ended. These men had already endorsed the idea of “crimes against humanity” and the need for international trials before they received their appointments, which is part of the reason why they were chosen. At Nuremberg, they confronted atrocities of such an extreme nature that they devoted themselves to the Trial’s great purpose: that “never again” would the world allow this to happen. Aggressive war, genocide, racial and religious persecution were among the worst crimes that had to be eradicated. Paradoxically, though, while each participant demonstrated an enhanced commitment to human rights after the Trial, each one also faced his own challenges in applying these principles at home. Jackson faltered on anti-communism, and Parker on civil rights. Only Biddle out of the three went the furthest in consistently advocating human rights. THE NUREMBERG PARADOX: HOW THE TRIAL OF THE NAZIS CHALLENGED AMERICAN SUPPORT OF INTERNATIONAL HUMAN RIGHTS LAW by Joseph A. Ross A Dissertation Submitted to the Faculty of The Graduate School at The University of North Carolina at Greensboro in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy Greensboro 2018 Approved by Committee Chair © 2018 Joseph A. Ross To K.A.R., who believed in me from the beginning. And to L.F.R., who saw it through to the end. ii APPROVAL PAGE This dissertation written by Joseph A. Ross has been approved by the following committee of The Faculty of The Graduate School at the University of North Carolina at Greensboro. Committee Chair Mark E. Elliott Committee Members W. Greg O’Brien Jeff W. Jones James A. Anderson Date of Acceptance by Committee Date of Final Oral Examination iii ACKNOWLEDGEMENTS This project would not have been possible without support from hundreds of people and institutions. I have done my best to include everyone, but I suspect I may have left someone out, so please forgive me in advance. Beyond my university home, I must thank the staff members of the Louis Round Wilson Special Collections Library at the University of North Carolina at Chapel Hill, who offered valuable assistance with the John J. Parker Collection. Without them, this project would not have been possible. John N. Jacob, Archivist and Special Collections Law Librarian at Washington and Lee University, went above and beyond to track down some Parker-related materials for me. This project would also not have been possible without the assistance of the Special Collections Research Center at Syracuse University, the Rare Book and Manuscript Library at Columbia University, the Booth Family Center for Special Collections at Georgetown University, the Library of Congress, and the Harry S. Truman Presidential Library in Independence, Missouri. Scott Taylor at Georgetown University was ever so helpful when I examined Francis Biddle’s papers that came after the Nuremberg Trial. Lisa Sullivan, David Clark, and numerous others at the Truman Library were also the epitome of professionalism and collegiality. I must also give special thanks to John Parker’s relatives Maria Estefania, John Parker III, and Tom Lockhart for sharing their memories of the late judge. Their personal stories and insights added depth to Judge Parker and allowed me to see him through the eyes of those who knew him the best. iv Many scholars were gracious enough to offer feedback and answer questions during this process. Brian Feltman was kind enough to lend his thesis to me when I was unable to obtain a copy on my own. Peter G. Fish, Professor Emeritus of Duke University, was also gracious in meeting with me in the early stages of this project to share his perspective on Judge Parker. I benefited from his vast knowledge and his copies of Parker-related sources that he had accumulated over several decades of research. John Q. Barrett always responded to my numerous emails whenever I had questions about Robert Jackson, and this project is far richer because of his input. Elizabeth Borgwardt is the epitome of grace and sagacity. I will forever be grateful for the time she gave me in Washington, D.C. at the annual meeting of the Society of Historians for American Foreign Relations (SHAFR) to discuss my project and offer feedback. Mark Philip Bradley expressed interest in my project from its earliest stages, and I have learned much from his work on human rights. Several colleagues at North Carolina Agricultural & Technical State University (NCAT) pushed me to grow as an educator and a scholar. I am grateful for the support of Joseph Graves, Bob Drake, Phil Rubio, James Crawford, Michael Lupro, James Wood, Olen Cole, Michael Roberto, Tom Porter, Matthew Armstrong, Galen Foresman, Karen Hornsby, Randall Hayes, and many other faculty members I knew in the University Studies program and the Department of History during my brief stint there. The University of North Carolina at Greensboro (UNCG) has been my home base for many years now, and I am indebted to a great many Spartans. The staff at Jackson Library have gone above and beyond to help me complete this project. Amy Harris Houk, v Lynda Kellam, Jenny Dale, Kathy Crowe, and the late Gaylor Callahan all played a role in locating sources or just listening to me talk about the project at various stages. It was always a treat to walk through the library, see their open doors, and stop by for a chat. Callahan in particular was supremely merciful whenever I neglected to return interlibrary loans on time. I only wish she were still here so that I could thank her in person. The Graduate School offered generous financial support through its summer assistantship program, Graduate Research Expo, and 3-Minute Thesis Competition. Laura Drew and Laura Chesak also coordinated various writing groups that were invaluable in helping me structure my writing time and achieve my goals. Paul Silvia and Anne Parsons also generously volunteered their time to work with me as I drafted and revised several chapters. I know that their support helped me finish this project. The Department of History at UNCG is one of the finest I have ever known, and my committee members have exceeded all my expectations. I am grateful to Jeff Jones, James Anderson, and W. Greg O’Brien for their feedback and encouragement over the years, which gave me the endurance I needed to make it this far. Mark Elliott has been the perfect adviser for me. He convinced me to return to graduate school to work with him in the Ph.D. program, and he has been my coach and critic all in one. When I initially approached him about focusing on Judge Parker, he suggested I expand the project to include Jackson and Biddle so that I could analyze the relationships between them and how each one approached the issue of human rights. Suffice it to say, this project would not be what it is today without him, and I know it is far better than what I initially planned. vi One never knows what kind of cohort one will be part of when beginning a graduate program, but I was pleasantly surprised to find myself in the best cohort I could have asked for. Justina Licata, Jamie Mize, Hannah Dudley-Shotwell, and Ginny Summey are some of the finest scholars and friends I have ever known. Their support kept me going when the stresses of life, class, and research were overwhelming. I will never forget our get-togethers, venting sessions, comps study sessions, writing groups, and overall camaraderie. I will always cherish our time together. I would be remiss if I did not mention the numerous graduate students who offered their support and friendship throughout my time in the program: Joseph Moore, Chris Davis, Steven Peach, Brian Laverdure, Jason Stroud, Brian Lee, Donna Ward, Sarah McCartney, Debbie Russell, John Kaiser, Matt Hintz, Brian Suttell, Ethan Roy, Stephen Comer, Tim & Shawn Reagin, Sarah Gates, Chrissy Flood, Chris Graham, Maggy Williams Carmack, Katrin Deil, James Hall, Tiffany Packer, Angela Robbins, Lynda Kellam, Therese Strohmer, Eric Oakley, and many others I am sure I am forgetting. You each contributed something to this project, and I am grateful. So many other faculty and staff members at UNCG continued to encourage me throughout the dissertation process. I want to thank the Library and Information Studies department for their support in 2013, as well as Jill Bender, Chuck Bolton, Lisa Tolbert, Rick Barton, Jodi Bilinkoff, Emily Levine, Watson Jennison, Peter Villella, Paul Mazgaj, Pete Carmichael, Omar Ali, Jerry Pubantz, Wade Maki, Caitlin Saraphis, Jennifer Reich, Sarah Hamrick, Kristina Wright, Dawn Avollio, and Laurie O’Neal.