12 November 1945

MEMORANDUM OF THE BRITISH PROSECUTION

ON THE MOTION ON BEHALF OF DEFENDANT

GUSTAV KRUPP VON BOHLEN

British War Crimes Executive (E.S.)

12 November 1945

To: The International Military Tribunal.

The British Chief Prosecutor has had the opportunity of considering the

application of the Defending Counsel to the accused GUSTAV KRUPP VON

BOHLEN UND HALBACH:

1) that the proceedings against this accused be deferred until he is

again fit for trial;

2) at any rate, that the accused be not tried in his absence.

The British Chief Prosecutor opposes this application for the following

reasons:

i) The medical position is that as far as can be foreseen the said

defendant will never again be fit for trial, and therefore if he is

not tried in his absence, he will not be tried at all.

ii) Although in an ordinary case it is undesirable that a defendant

should be tried when he is unable to comprehend the charges made

against him, or to give instruction for his defence, there are

special considerations which apply to this case and make it essential

for the Defendant Gustav Krupp von Bohlen und Halbach to be tried in

his absence.

iii) As this is a case of conspiracy, the British Prosecutor submits that

all the evidence directly concerned with the actions and speeches of

the said defendant and the operations of Fried. Krupp A.G. would be

evidence against the remaining defendants, if the Prosecution

establishes a _prima facie_ case:

a) that the conspiracy existed;

b) that the said defendant was a party to the conspiracy.

Such _prima facie_ case is clearly indicated in the Indictment lodged

with the Tribunal and the evidence against the present defendant set

out in the American Answer to this Application.

iv) If this submission of the British Chief Prosecutor is correct and

this evidence can and will be given in Court, then it is at least

arguable that it is preferable for the said defendant to be

represented so that his lawyer can deal with such evidence to the

best of his ability.

v) It is a matter of common knowledge of which the Court may take

cognisance that the business of Fried. Krupp A.G. is a vast

organisation. There are, therefore, many sources within the Krupp

firm from which the defending Advocate can obtain information which

will enable him to deal with the allegations contained in the

American Answer. If the Defendant Gustav Krupp is not retained in the

list of defendants, there will be no advocate so well qualified to

deal with those allegations on behalf of the other defendants,

against whom they will still be preferred.

vi) In the circumstances of this trial the kernel of the case for the

prosecution is that a number of conspirators have agreed and worked

together for the purpose of waging aggressive war and causing untold

misery to the World. The public interest, that the defendant who is

responsible for the preparation of armaments on the one hand, and the

utilisation on arms production, of prisoners of war and forced

labour, including detainees from Concentration Camps on the other, is

one of “the interests of justice” within Article 12 of the Charter.

vii) Finally, it is earnestly desired that the wishes of the Tribunal as

publicly announced at Berlin on the 18th October that the trial

should open on the appointed day, namely, 20th November be realised

and carried into execution. The British Delegation is strongly

opposed to any postponement.

/s/ HARTLEY SHAWCROSS

British Chief Prosecutor

MEMORANDUM OF THE FRENCH PROSECUTION

ON THE MOTION ON BEHALF OF DEFENDANT

GUSTAV KRUPP VON BOHLEN

Nuremberg, 13 November 1945

MEMORANDUM

by the French Delegation concerning the matter of Krupp which

was discussed at the meeting of 12 November 1945

France is formally opposed to dropping the firm of Krupp from the Trial

since the other prosecutors do not contemplate the possibility of

preparing at this time a second trial directed against the big German

industrialists.

France objects therefore to a simple severance.

The remaining possibilities are either the trial of Krupp Sr. _in

absentia_ or the substitution of Krupp Jr. in his father’s place and

stead.

The trial of an old man who is about to die and who is not before the

Court is difficult in itself.

France would prefer to substitute his son against whom there are serious

charges.

For simple reasons of expediency, France requests that there be no delay

in excess of the delay that will result in all probability from the

motions of the Defense.

If the Tribunal denies these motions of the Defense, the Trial of Krupp

Sr. should take place in his absence.

However, this is in our opinion the lesser of two evils.

/s/ DUBOST

SUPPLEMENTAL MEMORANDUM OF THE FRENCH

PROSECUTION

Nuremberg, 14 November 1945

ADDITIONAL MEMORANDUM

We consider the trial of KRUPP, the father, as impossible under the

circumstances. The trial of an old, dying man, absent from the dock,

cannot take place.

We wish that the son be prosecuted. There are serious charges against

him.

We had requested, so far, that he be prosecuted without any delay

arising in the Trial therefrom.

The reasons of opportunity which had induced us to adopt this attitude

are no longer so imperative since the Soviet Delegation has concurred in

Mr. Jackson’s thesis.

Consequently we no longer raise any objection and we concur ourselves in

this thesis.

The Deputy-Delegate of

The French Government

in the Prosecution of

The International Military Tribunal

/s/ CH. DUBOST

ORDER OF THE TRIBUNAL GRANTING

POSTPONEMENT OF PROCEEDINGS AGAINST

GUSTAV KRUPP VON BOHLEN

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 01 · 第 147 / 199 题