M. DUBOST: No, no, not that, no.

THE TRIBUNAL (Mr. Volchkov): What does the French prosecutor and the

French Republic offer so far as Gustav Krupp is concerned?

M. DUBOST: As to Krupp, the father, we consider it is not possible to

prosecute him because of the state of his health; he will not be able to

appear before the Court. He will not be able to defend himself. He will

not be able to tell us about his acts. It is necessary to drop his case

or to postpone the Trial to a time when he shall be cured, unless before

that he appears before the judgment of God. We also believe, since we

cannot obtain a second trial against the industrialists, that it is

necessary to substitute Krupp, the son, against whom serious charges

exist, for Krupp, the father, who cannot be tried.

THE PRESIDENT: Do you agree or disagree with the Attorney General for

Great Britain that in the course of the Trial, whether Gustav Krupp or

Alfried Krupp are included as defendants, the evidence against the

industrialists of Germany must be exposed?

M. DUBOST: We have been anxious, Mr. President, that a second trial

should be prepared immediately to follow the first trial in which the

question of the industrialists would be thoroughly examined. Since it is

not possible to have a second trial, we are anxious that one of the

representatives of the Krupp firm, who is personally responsible and

against whom there are charges, shall be called upon to appear before

this Tribunal to defend himself against the charges that we shall bring

against the Krupp firm, and in a more general manner also against the

industrialists who were associated with the Krupp firm and who

participated in the conspiracy which is presented in the Indictment, who

supported the seizure of power by the Nazis, supported the Nazi

Government and propaganda, financed the Nazis and finally helped the

rearmament of Germany in order that it might continue its war of

aggression.

THE PRESIDENT: Forgive me. I don’t think you have answered the question

which I put to you. Do you agree with the Attorney General that whether

Gustav Krupp or Alfried Krupp are or are not defendants in this Trial,

the evidence against the German industrialists will necessarily be

thoroughly exposed in the course of bringing forward the evidence of the

conspiracy charged?

M. DUBOST: I agree that it is possible to bring the proof of a

conspiracy without this or that member of the Krupp family being brought

before the Court, but it will only be fragmentary proof and evidence,

because there are personal responsibilities which go beyond the general

responsibilities of the authors of the conspiracy, and these personal

responsibilities are particularly attributable to Krupp the son and

Krupp the father.

THE TRIBUNAL (M. De Vabres): You said just now that it was your opinion

that the name of Krupp the son should be substituted for that of Krupp

the father? Do you really mean the word “substitute”? Did you use this

word intentionally or do you not rather wish to say that it was your

opinion that there should be an amendment to the Indictment and that we

should apply a supplement to the Indictment? Do you consider that you

can propose to the Court to substitute one name for another in the

Indictment or do you suggest on the contrary a supplement be added to

the Indictment?

M. DUBOST: I have thought for a long time that it was necessary to

propose an amendment to the Indictment. It is still my opinion, but it

is not legally possible to modify the Indictment by a supplement.

THE PRESIDENT: Thank you. Does counsel for the Defendant Gustav Krupp

wish to address the Tribunal again?

DR. KLEFISCH: I deduce from the explanation of the Prosecution that the

principal objection against our point of view is that it would not be in

accordance with justice if the Trial were to be carried out in absence

of Krupp senior. When, in representing the opposite point of view, it is

pointed out that the public opinion of the entire world demands the

trial against the defendant, Mr. Krupp, then the main reason offered is

that Krupp senior is to be regarded as one of the principal war

criminals. I have already pointed out that this reasoning would be an

anticipation of the final judgment of the Court. It is my opinion, that

this is not the place and the time to discuss these questions and I wish

to limit myself to what I already said before: Namely, that all that has

been said in this direction is for the moment only a thesis of the

Prosecution, which, in the course of the Trial, will be confronted with

an antithesis of the Defense, so that then the High Court can arrive at

a synthesis of this thesis and antithesis and make a fair judgment.

One more point regarding this question:

It has also been pointed out that Krupp senior, could be tried _in

absentia_ for the reason that the entire evidence regarding the question

of guilt has already been presented and was no secret. In view of the

facts this is not correct.

So far we have seen only a part of the evidence, that is, that which is

contained in the bundle of documents. But may I point out that from the

firm of Krupp and the private quarters of the Krupp family, the entire

written material which consisted of whole truck-loads was confiscated,

and we did not see any of this material. Thus, the defense is difficult

to undertake, since, due to the confiscation of this entire material,

only the Defendant Krupp senior would be in a position to describe at

least to a certain extent the documents necessary for his defense, so

that they could be submitted in the regular form of application for

evidence to this High Court.

As far as the question of an additional indictment against the son,

Alfried Krupp, is concerned I wish to state first of all that I have not

officially been charged with the defense of this defendant. I suppose,

however, that I will be charged with the defense and that is why, with

the permission of the Court, I wish to say a few words here about this

motion, perhaps as a representative without commission. I do not know

whether it is possible, that is, legally possible, subsequently to put

Mr. Alfried Krupp on the list of the principal war criminals. However,

even if I were to let this legal possibility open to discussion, I

should like to call attention to the following:

In view of the changed situation, it seems to me to be a bit strange, to

say the least, if Alfried Krupp were to be put on the list as a

principal war criminal now, not because he was marked as one from the

beginning, but because his father cannot be tried. I see in that a

certain game played by the representative of the United States which

cannot be sanctioned by the Court in my opinion.

In addition, I wish to make the following brief remark:

In case a supplementary indictment should be made against Alfried Krupp,

and if I were definitely charged with his defense, my conscience would

oblige me to request that the period of 30 days between the serving of

the Indictment and the main Trial as provided in Rule 2 (a), would have

to be kept under all circumstances.

Finally, I should like to point out the following:

In conclusion, I should like to emphasize that, so far as I am informed,

the circumstances and facts regarding the person of Alfried Krupp are

basically different from the circumstances concerning the person of the

present defendant, Krupp senior. In the documents that have been put at

our disposal so far, and which are bound in one volume, I have hardly

found a single word about any complicity or participation of Alfried

Krupp in the crimes with which Krupp senior is charged. I should also

like to emphasize that, as has already been discussed, Alfried Krupp

became the owner of the Krupp firm, I believe, only in November 1943 and

that previously, from 1937 to 1943, he was merely director of one

department of the entire concern, but in this capacity he did not have

the slightest influence on the management of the firm, nor did he have

anything to do with orders for the production and delivery of war

materials.

For the reasons stated, I believe I am justified in expressing the wish

to refrain from introducing Alfried Krupp into this Trial of the

principal war criminals.

THE PRESIDENT: The Tribunal will adjourn now and announce its decision

on this application later.

[_The Tribunal adjourned until 15 November 1945 at 1000 hours._]

PRELIMINARY HEARING

Thursday, 15 November 1945

THE PRESIDENT: The Tribunal has invited the Defense Counsel to be

present here today as it desires that they shall thoroughly understand

the course which the Tribunal proposes the proceedings at trial should

take.

The Tribunal is aware that the procedure provided for by the Charter is

in some respects different from the procedure to which Defense Counsel

are accustomed. They therefore desire that Defense Counsel should be

under no misapprehension as to course which must be followed.

Article 24 of the Charter provides for the reading of the Indictment in

Court, but in view of its length, and the fact that its contents are now

probably well known, it may be that Defense Counsel will not think it

necessary that it should be read in full.

The opening of cases for the Prosecution will necessarily take a long

time, and during that time Defense Counsel will have an opportunity to

complete their preparations for defense.

When witnesses for the Prosecution are called, it must be understood

that it is the function of Counsel for the Defense to cross-examine the

witnesses, and that it is not the intention of the Tribunal to

cross-examine the witnesses themselves.

The Tribunal will not call upon the Defense Counsel to state what

evidence they wish to submit until the case for the Prosecution has been

closed.

As Defense Counsel already know, the General Secretary of the Tribunal

makes every effort to obtain such evidence, both witnesses and

documents, as the Defense wish to adduce and the Tribunal approves.

The General Secretary is providing, and will provide, lodging, food, and

transportation for Defense Counsel and witnesses while in Nuremberg. And

though the living conditions provided may not be all that can be

desired, Defense Counsel will understand that there are great

difficulties in the present circumstances and efforts will be made to

meet any reasonable request.

Defense Counsel have been provided with a Document Room and an

Information Center where documents translated into German are available

for the Defense, subject to the necessary security regulations. It is

important that Defense Counsel should notify the General Secretary as

long as possible, and at least 3 weeks in ordinary cases, in advance, of

witnesses or documents they require.

The services which Defense Counsel are performing are important public

services for the interests of justice, and they will have the protection

of the Tribunal in the performance of their duties.

In order that the Trial should proceed with due expedition, it would

seem desirable that Defense Counsel should settle among themselves the

order in which they wish to cross-examine the Prosecution witnesses and

propose to present their defenses, and that they should communicate

their wishes in this regard to the General Secretary.

I hope that what I have said will be of assistance to Defense Counsel in

the preparation of their defenses. If there are any questions in

connection with what I have said which they wish to ask, I will endeavor

to answer them.

DR. ALFRED THOMA (Counsel for Defendant Rosenberg): Mr. President.

THE PRESIDENT: Will you come to the desk please, if you wish to speak.

Will you state your name and for whom you appear here?

DR. THOMA: Dr. Thoma, defense counsel for the Defendant Rosenberg.

THE PRESIDENT: Yes.

DR. THOMA: I should like to ask whether the Defense will immediately get

copies of the interrogation of witnesses.

THE PRESIDENT: Copies of the Indictment? Those have been served upon

each defendant. Do I understand that you want further copies for the use

of defendants’ counsel?

DR. THOMA: May I put my question more precisely? I presume that all the

statements of the defendants are to be taken down in shorthand, and I

would like to ask whether these will then be translated into German and

given to the Defense Counsel as soon as possible.

THE PRESIDENT: If you mean a transcript of the evidence which is given

before the Tribunal, that will be taken down, and if it is given in a

language other than German it will be translated into German and copies

furnished to defendants’ counsel. If it is in German it will be

furnished to them in German.

DR. THOMA: Will we get copies of the interrogation of all witnesses?

THE PRESIDENT: Yes; that is what I meant by a transcript of the evidence

given before the Tribunal. That will be a copy, in German, of the

evidence of each witness.

DR. THOMA: Thank you.

DR. RUDOLPH DIX (Counsel for Defendant Schacht): Your Lordship,

gentlemen of the Tribunal, my colleagues of the Defense have entrusted

me with the honorable task of expressing our thanks for the words you

have addressed to the Defense Counsel. We members of the Defense

consider ourselves the associates of the Tribunal in reaching a just

verdict and we have full confidence in Your Lordship’s wise and

experienced conduct of the Trial proceedings.

Your Lordship may be convinced that in this spirit we shall participate

in the difficult task of reaching a just decision, in the case before

the Tribunal.

THE PRESIDENT: I assume that there are no further questions at the

present stage which Counsel for the Defense wish to ask. They will

understand that if at any stage in the future they have inquiries which

they wish to make, they should address them to the General Secretary and

they will then be considered by the Tribunal.

The Tribunal will now adjourn until 2 o’clock, when the application on

behalf of the Defendant Streicher will be heard.

[_The Tribunal adjourned until 1400 hours._]

THE PRESIDENT: I understand that there are some counsel for the

defendants present here today, who were not here yesterday and who may

not understand the use of these earphones and dials. Therefore, I

explain to them that Number 1 on the dial will enable them to hear the

evidence in the language in which it is given, Number 2 will be in

English, Number 3 in Russian, Number 4 in French, and Number 5 in

German.

I will now read the judgment of the Tribunal in the matter of the

application of counsel for Gustav Krupp von Bohlen for postponement of

the proceedings against the defendant.

Counsel for Gustav Krupp von Bohlen has applied to the Tribunal for

postponement of the proceedings against this defendant on the ground

that his physical and mental condition are such that he is incapable of

understanding the proceedings against him and of presenting any defense

that he may have.

On November 5 the Tribunal appointed a medical commission composed of

the following physicians:

R. E. Tunbridge, Brigadier, O.B.E., M.D., M.Sc., F.R.C.P., Consulting

Physician, British Army of the Rhine.

René Piedelièvre, M.D., Professor on the Faculty of Medicine of Paris;

Expert for the Tribunal.

Nicholas Kurshakov, M.D., Professor of Medicine, Medical Institute of

Moscow; Chief Internist, Commissariat of Public Health, Union of Soviet

Socialist Republics.

Eugene Sepp, M.D., Emeritus Professor of Neurology, Medical Institute of

Moscow; Member, Academy of Medical Science, Union of Soviet Socialist

Republics.

Eugene Krasnushkin, M.D., Professor of Psychiatry, Medical Institute of

Moscow.

Bertram Schaffner, Major, Medical Corps, Neuropsychiatrist, Army of the

United States.

The commission has reported to the Tribunal that it is unanimously of

the opinion that Gustav Krupp von Bohlen suffers from senile softening

of the brain; that his mental condition is such that he is incapable of

understanding court procedure and of understanding or cooperating in

interrogations; that his physical state is such that he cannot be moved

without endangering his life; and that his condition is unlikely to

improve but rather will deteriorate further.

The Tribunal accepts the findings of the medical commission, to which

exception is taken neither by the Prosecution nor by the Defense.

Article 12 of the Charter authorizes the trial of a defendant _in

absentia_ if found by the Tribunal to be “necessary in the interests of

justice.” It is contended on behalf of the Chief Prosecutors that in the

interest of justice, Gustav Krupp von Bohlen should be tried _in

absentia_, despite his physical and mental condition.

It is the decision of the Tribunal that upon the facts presented the

interests of justice do not require that Gustav Krupp von Bohlen be

tried _in absentia._ The Charter of the Tribunal envisages a fair trial,

in which the Chief Prosecutors may present the evidence in support of an

indictment and the defendants may present such defense as they may

believe themselves to have. Where nature rather than flight or contumacy

has rendered such a trial impossible, it is not in accordance with

justice that the case should proceed in the absence of a defendant.

For the foregoing reasons, the Tribunal orders that:

1. The application for postponement of the proceedings against Gustav

Krupp von Bohlen is granted.

2. The charges in the Indictment against Gustav Krupp von Bohlen shall

be retained upon the docket of the Tribunal for trial hereafter, if the

physical and mental condition of the defendant should permit.

Further questions raised by the Chief Prosecutors, including the

question of adding another name to the Indictment, will be considered

later.

The Tribunal will now hear the application on behalf of the Defendant

Streicher.

Will the Counsel state his name?

DR. HANS MARX (Counsel for Defendant Streicher): Your Honors, as Counsel

for the Defendant Julius Streicher, I took the liberty some time ago of

requesting a postponement in the opening date of the Trial, because the

time at my disposal for making preparations appeared to me insufficient,

in view of the importance of the case.

This morning, however, the President of the Court outlined the course of

the proceedings of the Trial and his explanations have made it quite

clear that the Defense will have adequate time at its disposal to

continue preparations for the case of each client even after the opening

of the Trial. Any objections on my part are thereby removed, and

accordingly I withdraw my application as unsubstantiated.

Your Honors, may I use this opportunity to make a suggestion with regard

to the case of the Defendant Streicher.

In view of the exceptional nature of the case and of the difficulties

facing the Defense in handling it, may I suggest that the Tribunal

consider whether a psychiatric examination of the Defendant Streicher

would not be proper. Defense Counsel should have at his disposal all the

evidence on the nature, personality, and motives of the defendant which

appears necessary to enable him to form a clear picture of his client.

And this, of course, is also true of the Tribunal.

In my own interests I consider it essential that such an examination be

authorized by the Tribunal. I emphasize particularly that this is not a

formal motion: “It is not a motion but a proposal.” [_Note: These words

were spoken in English._] I deem it necessary as a precaution in my own

interests, since my client does not desire an examination of this sort,

and is of the opinion that he is mentally completely normal. I myself

cannot determine that; it must be decided by a psychiatrist.

I, therefore, ask the Tribunal to consider this proposal, and, if the

suggestion, under the circumstances, appears both requisite and

necessary, to choose and appoint a competent expert to conduct the

examination.

That is what I wished to say before the opening of the proceedings.

THE PRESIDENT: One moment. It appears to the Tribunal that such

suggestions as you have now made, ought to be in the form of a formal

motion or application and that it ought to be in writing and that if, as

you say, the Defendant Streicher does not wish it or is unwilling that

such an examination should be made, then your application ought to state

in writing that the Defendant Streicher refuses to sign the application.

If you wish to make such a motion you are at liberty to make it, in

writing.

DR. MARX: Mr. President, may I be allowed to say briefly that it is

precisely because the defendant does object to my submitting such an

application that I feel obliged to make this request here publicly, and

inform the Tribunal that I am bound by my client’s attitude and

therefore not in a position to submit this suggestion in writing.

Without my client’s permission I cannot make this suggestion in writing,

and I am consequently forced to convey it to the Tribunal verbally,

since I myself consider it necessary as a precaution in my own interest.

THE PRESIDENT: But you understand from what I say to you, that if you

wish to make this suggestion, you must make the motion in writing and

you can, on that writing, state that the Defendant Streicher is not

prepared to sign the application.

DR. MARX: Thank you, Mr. President, for your statement; I shall not fail

to act, as you suggest.

THE PRESIDENT: Do the Chief Prosecutors wish to make any statement?

COLONEL ROBERT G. STOREY (Executive Trial Counsel for the United

States): May it please the Court:

The position of Counsel for Defendant Streicher emphasizes a suggestion

made by the Prosecutors this morning, namely, that all motions and all

requests from Counsel be reduced to writing, prior to submission to the

Court and the suggestions, in writing, were filed with the General

Secretary since the meeting this morning.

While I am on my feet, if it may please the Court, may I make a brief

statement in connection with the efforts of the Prosecutors to furnish

to the Defense Counsel evidence and documents in which they may be

interested, if that meets with the approval of the Court.

THE PRESIDENT: Yes.

COL. STOREY: With reference to Defendant Streicher’s second point in his

motion, namely, that the Prosecutors be required to furnish certain

documents, they are being furnished, and will be furnished in the

future.

Secondly, with reference to the film on concentration camps, which he

requests be shown to Defense Counsel in advance of the time of

presenting the film, this request will also be complied with by the

Prosecutors.

Also, for the information of the Defense Counsel, there has been

established in Room 54, in this Courthouse, what is known as the

Defendants’ Information Center, operated jointly by the four Chief

Prosecutors. In that room there has been deposited a list of documents

upon which the Prosecution relies. Secondly, if further documents are

relied upon by the prosecutors, lists will be furnished to Defense

Counsel before they are introduced into evidence or offered to the

Court, and also, they will have the opportunity to examine copies of

those documents in their own language.

May I also suggest that most Defense Counsel have availed themselves of

that privilege and those who had not, have been notified and they are

now, as of this date, all of them, making use of the facilities

provided, which include rooms for conferences, typewriters, when

necessary, and other assistance.

I want to make that statement for the information of the Defense

Counsel.

THE PRESIDENT: I understand the Soviet Chief Prosecutor wishes to

address the Tribunal.

COL. POKROVSKY: In connection with the evidence just submitted to the

Tribunal by Counsel representing the interests of Defendant Streicher, I

consider it my duty to inform the Tribunal that during the last

interrogation made by the Delegation of the Soviet Union, the Defendant

Streicher, about whom it is specifically said in the Indictment, Counts

One and Four, that he had incited to the persecution of the Jews, stated

that he had been speaking from a Zionist point of view.

This declaration or, more precisely, this testimony, immediately

produced certain doubts as to the mental stability of the defendant.

It is not the first time that persons, now standing their trial, have

attempted to delude us about their mental condition. I refer in

particular to the Defendant Hess. In the case of Hess the Tribunal, to

my knowledge already possesses. . . .

THE PRESIDENT: One moment. We are not hearing any application with

reference to Streicher’s sanity now, nor any application with reference

to Hess. We have simply informed Counsel for Streicher that if he wishes

to make an application in respect of his defendant’s sanity or mental

condition, he must make that application in writing. If he does make

such an application in writing you will have full opportunity of

opposing the application.

COL. POKROVSKY: What I have in mind is not to offer an opinion on the

deductions and the petition of the Defense, but to inform the Tribunal

of a fact which may cause much complication if we do not act on it

immediately. Seeing that the Tribunal has at its disposal a number of

competent medical personnel, it would appear to me most expedient that

the Tribunal should entrust these specialists with the examination of

the Defendant Streicher in order to establish definitely whether he is

or is not in full possession of his mental capacities.

If we do not do so now, the necessity may arise in the course of the

Trial and if the question of Streicher’s sanity arises after the

beginning of the Trial, then it may delay the proceedings and impede our

work. If the Tribunal deems my suggestion in order, we would, before the

Trial starts, have sufficient time to request from this commission of

specialists a statement on his mental condition.

THE PRESIDENT: One moment. If I rightly understand what the Chief Soviet

Prosecutor says, it is this: That if any question of the sanity of the

Defendant Streicher arises it will be convenient that he should be

examined now at once whilst the medical officers of the Soviet Union are

in Nuremberg. If that is so, then if you think it is more convenient

that Streicher should be examined by doctors at the present moment on

account of the presence of the distinguished doctors from the Soviet

Union being in Nuremberg, you are at liberty to make a written motion to

that effect to the Tribunal at any time.

Do any of the other Chief Prosecutors wish to address the Tribunal?

(There was no response.)

Then the Tribunal will deal with the application of the Defendant

Streicher as follows:

His application for postponement, which is numbered 1 on his written

application, has been withdrawn. His other two applications, numbered 2

and 3, which are agreed to by the Chief Prosecutors, are granted.

The Tribunal will now adjourn.

[_The Tribunal adjourned until 17 November 1945 at 1000 hours._]

PRELIMINARY HEARING

Saturday, 17 November 1945

THE PRESIDENT: The Tribunal would like to know whether the Chief

Prosecutors wish to make a statement with reference to the Defendant

Bormann.

SIR DAVID MAXWELL-FYFE (Deputy Chief Prosecutor for the United Kingdom):

May it please the Tribunal, as the Tribunal are aware, the Defendant

Bormann was included in the Indictment, which was filed before the

Tribunal. There has been no change in the position with regard to the

Defendant Bormann; nor has any further information come to the notice of

the Chief Prosecutors. I think that the Tribunal are aware of the state

of our information when the Indictment was filed, but it might be as

well, if the Tribunal approves, if I explained what was the state of our

information at the time of the filing of the Indictment, which is also

the state of our information today.

There is evidence that Hitler and Bormann were together, with a number

of Nazi officials, in the Chancellery area in Berlin on 30 April 1945,

and were, at one stage on that day, together in Hitler’s underground air

raid shelter in the Chancellery gardens.

On 1 May Bormann and other Germans tried to break out of the Chancellery

area in a tank. They got as far as the river Spree and tried to cross a

bridge over it. A hand grenade was thrown into the tank by Russian

soldiers. Three members of the party who were with Bormann in this tank

have been interrogated. Two think that Bormann was killed, and the third

that he was wounded. The position is, therefore, that the Prosecution

cannot say that the matter is beyond probability that Bormann is dead.

There is still the clear possibility that he is alive.

In these circumstances I should submit that he comes within the exact

words of Article 12 of the Charter:

“The Tribunal shall have the right to take proceedings against a

person charged with crimes set out in Article 6 of this Charter

in his absence, if he has not been found.”

In other words, it is not necessary to hold the man in these

circumstances. The Tribunal laid down in its Rules of Procedure in Rule

2 (b) the procedure applicable to this situation:

“Any individual Defendant not in custody shall be informed of

the Indictment against him and of his right to receive the

documents specified in sub-paragraph (a) above, by notice in

such form and manner as the Tribunal may prescribe.”

The Tribunal prescribed that notice to the Defendant Bormann should be

given in the following manner:

The notice should be read over the radio once a week for 4 weeks, the

first reading to be during the week of 22 October. It should also be

published in four separate issues of a newspaper circulated in the home

city of Martin Bormann.

The broadcast was given in the weeks after 22 October, as ordered, over

Radio Hamburg and Radio Langenberg, that is, Cologne. The Defendant

Bormann’s last place of residence was in Berlin. The notice was,

therefore, published in four Berlin papers: The _Tägliche Rundschau_,

the _Berliner Zeitung_, _Der Berliner_, and the _Allgemeine Zeitung_ for

the 4 weeks which the Tribunal had ordered.

In my respectful submission, the Charter and Rules of Procedure have

been complied with. The Tribunal, therefore, has the right to take

proceedings _in absentia_ under Article 12. It is, of course, a matter

for the Tribunal to decide whether it will exercise that right.

The Chief Prosecutors submit, however, that there is no change in the

position since they indicted Bormann and that, unless the Tribunal has

any different view, this is a proper case for trial _in absentia_.

I am authorized to make this statement not only on behalf of the British

Delegation, but on behalf of the United States and the French Republic.

I consulted my friend and colleague, Colonel Pokrovsky, yesterday and he

had to take instructions on the matter, and I notice he is here today. I

haven’t had the opportunity of speaking to him this morning and no doubt

he will be able to tell the Tribunal any thing if he so desires.

I hope that that explains the basis of the matter to the Tribunal. If

there are any other facts, I should be only too happy to answer any

point.

THE PRESIDENT: It is suggested to me that you should file with the

General Secretary proof of the publication to which you have referred.

SIR DAVID MAXWELL-FYFE: With proof of the publication! If it please My

Lord, that will be done.

THE PRESIDENT: Thank you, Sir David. Then I will ask the Chief

Prosecutor for the Soviet Union if he wishes to address the Tribunal.

COL. POKROVSKY: I thank the Tribunal for their wish to hear the opinion

of the Soviet Delegation. I shall avail myself of the privilege granted

by the Tribunal to express the complete concurrence of the Soviet

Delegation, and to inform you of the attitude adopted by my colleagues

where Bormann is concerned. We consider that the Tribunal has every

justification, under Article 12 of the Charter, to accept in evidence

all the material relative to Bormann’s case and to start proceedings

against him in his absence.

THE PRESIDENT: The Tribunal will adjourn for a short time and hopes it

will be able to give its decision shortly.

[_A recess was taken._]

THE PRESIDENT: The Tribunal has decided that in pursuance of Article 12

of the Charter, it will try the Defendant Bormann in his absence, and it

announces that Counsel will be appointed to defend the Defendant

Bormann.

The Tribunal will now adjourn.

[_The Tribunal adjourned until 1500 hours._]

THE PRESIDENT: The motion to amend the indictment by adding the name of

Alfried Krupp has been considered by the Tribunal in all its aspects and

the application is rejected.

The Tribunal will now adjourn.

[_The Tribunal adjourned until 20 November 1945 at 1000 hours._]

FIRST DAY

Tuesday, 20 November 1945

_Morning Session_

THE PRESIDENT: Before the defendants in this case are called upon to

make their pleas to the Indictment which has been lodged against them,

and in which they are charged with Crimes against Peace, War Crimes, and

Crimes against Humanity, and with a Common Plan or Conspiracy to commit

those crimes, it is the wish of the Tribunal that I should make a very

brief statement on behalf of the Tribunal.

This International Military Tribunal has been established pursuant to

the Agreement of London, dated the 8th of August 1945, and the Charter

of the Tribunal as annexed thereto, and the purpose for which the

Tribunal has been established is stated in Article 1 of the Charter to

be the just and prompt trial and punishment of the major war criminals

of the European Axis.

The Signatories to the Agreement and Charter are the Government of the

United Kingdom of Great Britain and Northern Ireland, the Government of

the United States of America, the Provisional Government of the French

Republic, and the Government of the Union of Soviet Socialist Republics.

The Committee of the Chief Prosecutors, appointed by the four

Signatories, have settled the final designation of the war criminals to

be tried by the Tribunal, and have approved the Indictment on which the

present defendants stand charged here today.

On Thursday, the 18th of October 1945, in Berlin, the Indictment was

lodged with the Tribunal and a copy of that Indictment in the German

language has been furnished to each defendant, and has been in his

possession for more than 30 days.

All the defendants are represented by counsel. In almost all cases the

counsel appearing for the defendants have been chosen by the defendants

themselves, but in cases where counsel could not be obtained the

Tribunal has itself selected suitable counsel agreeable to the

defendant.

The Tribunal has heard with great satisfaction of the steps which have

been taken by the Chief Prosecutors to make available to defending

counsel the numerous documents upon which the Prosecution rely, with the

aim of giving to the defendants every possibility for a just defense.

The Trial which is now about to begin is unique in the history of the

jurisprudence of the world and it is of supreme importance to millions

of people all over the globe. For these reasons, there is laid upon

everybody who takes any part in this Trial a solemn responsibility to

discharge their duties without fear or favor, in accordance with the

sacred principles of law and justice.

The four Signatories having invoked the judicial process, it is the duty

of all concerned to see that the Trial in no way departs from those

principles and traditions which alone give justice its authority and the

place it ought to occupy in the affairs of all civilized states.

This Trial is a public Trial in the fullest sense of those words, and I

must, therefore, remind the public that the Tribunal will insist upon

the complete maintenance of order and decorum, and will take the

strictest measures to enforce it. It only remains for me to direct, in

accordance with the provisions of the Charter, that the Indictment shall

now be read.

MR. SIDNEY S. ALDERMAN (Associate Trial Counsel for the United States):

May it please the Tribunal:

I. The United States of America, the French Republic, the United Kingdom

of Great Britain and Northern Ireland, and the Union of Soviet Socialist

Republics by the undersigned, Robert H. Jackson, François de Menthon,

Hartley Shawcross, and R. A. Rudenko, duly appointed to represent their

respective governments in the investigation of the charges against and

the prosecution of the major war criminals, pursuant to the Agreement of

London dated 8 August 1945, and the Charter of this Tribunal annexed

thereto, hereby accuse as guilty, in the respects hereinafter set forth,

of Crimes against Peace, War Crimes, and Crimes against Humanity, and of

a Common Plan or Conspiracy to commit those Crimes, all as defined in

the Charter of the Tribunal, and accordingly name as defendants in this

cause and as indicted on the Counts hereinafter set out:

Hermann Wilhelm Göring, Rudolf Hess, Joachim von Ribbentrop, Robert Ley,

Wilhelm Keitel, Ernst Kaltenbrunner, Alfred Rosenberg, Hans Frank,

Wilhelm Frick, Julius Streicher, Walter Funk, Hjalmar Schacht, Gustav

Krupp von Bohlen und Halbach, Karl Dönitz, Erich Raeder, Baldur von

Schirach, Fritz Sauckel, Alfred Jodl, Martin Bormann, Franz von Papen,

Arthur Seyss-Inquart, Albert Speer, Constantin von Neurath and Hans

Fritzsche, individually and as members of any of the groups or

organizations next hereinafter named.

II. The following are named as groups or organizations (since dissolved)

which should be declared criminal by reason of their aims and the means

used for the accomplishment thereof, and in connection with the

conviction of such of the named defendants as were members thereof:

Die Reichsregierung (Reich Cabinet); das Korps der Politischen Leiter

der Nationalsozialistischen Deutschen Arbeiterpartei (Leadership Corps

of the Nazi Party); die Schutzstaffeln der Nationalsozialistischen

Arbeiterpartei (commonly known as the “SS”) and including the

Sicherheitsdienst (commonly known as the “SD”); die Geheime

Staatspolizei (Secret State Police, commonly known as the “Gestapo”);

die Sturmabteilungen der NSDAP (commonly known as the “SA”); and the

General Staff and the High Command of the German Armed Forces. The

identity and membership of the groups or organizations referred to in

the foregoing titles are hereinafter in Appendix B more particularly

defined.

COUNT ONE—THE COMMON PLAN OR CONSPIRACY. Reference: the Charter,

Article 6, especially Article 6 (a).

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 02 · 第 13 / 82 题