"My Trial as a War Criminal" is a 1949 short story by atomic

physicist A physicist is a scientist who specializes in the field of physics, which encompasses the interactions of matter and energy at all length and time scales in the physical universe. Physicists generally are interested in the root or ultimate caus ...

Leo Szilard. Szilard had played a leading role in the

Manhattan Project The Manhattan Project was a research and development undertaking during World War II that produced the first nuclear weapons. It was led by the United States with the support of the United Kingdom and Canada. From 1942 to 1946, the project w ...

, and in the story he imagines the kind of

show trial A show trial is a public trial in which the judicial authorities have already determined the guilt or innocence of the defendant. The actual trial has as its only goal the presentation of both the accusation and the verdict to the public so th ...

he might have had if he had been prosecuted in a manner similar to the

Nuremberg Trials The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945 ...

. Szilard earlier drafted the letter

Albert Einstein Albert Einstein ( ; ; 14 March 1879 – 18 April 1955) was a German-born theoretical physicist, widely acknowledged to be one of the greatest and most influential physicists of all time. Einstein is best known for developing the theory ...

signed, to

Franklin Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...

, suggesting the US develop the military uses of

nuclear power Nuclear power is the use of nuclear reactions to produce electricity. Nuclear power can be obtained from nuclear fission, nuclear decay and nuclear fusion reactions. Presently, the vast majority of electricity from nuclear power is produced b ...

, and later the

petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offici ...

unsuccessfully advocating against the use of nuclear weapons.

Synopsis

The story is set after

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

, shortly after the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

has surrendered to the

Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...

following a sneak attack using germ warfare. Szilard is offered a choice: He can volunteer to work on scientific projects in the Soviet Union, or he can remain in the United States, and stand trial as a war criminal for his role in the development and use of the first atomic bombs during the Second World War. Szilard chooses to stand trial. During his trial the record of his opposition to dropping the atomic bomb on civilian targets is dismissed, on the grounds that he had drafted classified documents where he may have taken the opposite position, and he is convicted. Szilard is allowed to attend the trials of

United States President The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United State ...

Harry S. Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...

, Secretary of War Henry Stimson, and the Secretary of State. Truman's attorney tries to argue that Truman's order for the use of atomic bombs on

Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...

was no more of a war crime than the Soviet use of biological weapons that led to the American surrender had been. Truman's tribunal convicts him of a violation of

laws and customs of war The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territor ...

, because, prior to 1945, it had not been ''customary'' to drop atomic bombs on cities.

Aftermath

When the story was published in the 1961 edition of Szilard's collection, ''

The Voice of the Dolphins, and Other Stories ''The'' () is a grammatical article in English, denoting persons or things that are already or about to be mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in E ...

'', the book stated that the story was required reading for students at

Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...

. According to

William Lanouette William is a masculine given name of Norman French origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conques ...

speaking at the 2005

World Science Forum The World Science Forum (WSF) is an international conference series on global science policy. Since 2003, it is organised biannually in Budapest, Hungary. The WSF traces back its origin to the first World Conference on Science, organised by UN ...

Budapest Budapest (, ; ) is the capital and most populous city of Hungary. It is the ninth-largest city in the European Union by population within city limits and the second-largest city on the Danube river; the city has an estimated population ...

, a

Russian language Russian (russian: русский язык, russkij jazyk, link=no, ) is an East Slavic languages, East Slavic language mainly spoken in Russia. It is the First language, native language of the Russians, and belongs to the Indo-European langua ...

translation of Szilard's story played a key role in Soviet physicist Andrei Sakharov's objections to the Soviet nuclear weapons program.

External links

''My Trial as a War Criminal''
Manuscript and original publication.

References

{{Reflist American short stories 1949 short stories