CHARGE: _Violation of German Assurance given on 6 October 1939 To
Respect the Neutrality and Territorial Integrity of Yugoslavia._
PARTICULARS: In that Germany without prior warning did, on or about 6
April 1941, with its military forces attack, invade, and commit other
acts of aggression against the Kingdom of Yugoslavia.
MOTION OF THE PROSECUTION
FOR CORRECTING DISCREPANCIES
IN THE INDICTMENT[14]
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS
— against —
HERMANN WILHELM GÖRING, et al.,
Defendants.
_Motion as to Amendment of the Indictment_
To The Honorable Tribunal:
WHEREAS
(1) Certain discrepancies (as set out in the attached schedule) have
been discovered in the Indictment, as between the English, French,
Russian, and German texts thereof;
(2) The Indictment was lodged with the Tribunal in English, French, and
Russian, each text having equal authenticity,
(3) The Indictment was served on the defendants in the German language
only;
The Prosecution respectfully submits the following MOTION:
That the Tribunal direct that the discrepancies in the Indictment
specified in the attached schedule be rectified as between the
respective texts of the Indictment by making the English, French, and
Russian texts conform to the German text in each of the specified cases
so far as the sense of the context permits.
/s/ ROBERT H. JACKSON
For the Government of the United States of
America.
/s/ CHAMPETIER DE RIBES
Per CH. DUBOST
For the Provisional Government of France.
/s/ DAVID MAXWELL FYFE
For the Government of the United Kingdom of
Great Britain and Northern Ireland.
/s/ R. RUDENKO
For the Government of the Union of Soviet
Socialist Republics.
4th June, 1946.
-----
[14] This motion, was accepted by the Court at a meeting of the
International Military Tribunal, 7 June 1946.
PLEAS OF INDIVIDUAL DEFENDANTS
All individual defendants, with the exception of MARTIN BORMANN who
could not be located, in effect pleaded not guilty to the Indictment.
The plea of ERNST KALTENBRUNNER was entered 10 December 1945; the pleas
of the other defendants, 21 November 1945.
LETTER OF RESERVATION
BY THE UNITED STATES PROSECUTOR
IN REGARD TO WORDING OF THE INDICTMENT
6 October 1945
M. François de Menthon,
Sir Hartley Shawcross,
General R. A. Rudenko.
Dear Sirs:
In the Indictment of German War Criminals signed today, reference is
made to Estonia, Latvia, Lithuania, and certain other territories as
being within the area of the U.S.S.R. This language is proposed by
Russia and is accepted to avoid the delay which would be occasioned by
insistence on an alteration in the text. The Indictment is signed
subject to this reservation and understanding:
I have no authority either to admit or to challenge on behalf of the
United States of America, Soviet claims to sovereignty over such
territories. Nothing, therefore, in this Indictment is to be construed
as a recognition by the United States of such sovereignty or as
indicating any attitude, either on the part of the United States or on
the part of the undersigned, toward any claim to recognition of such
sovereignty.
Respectfully submitted,
/s/ ROBERT H. JACKSON,
Chief of Counsel for the United
States.
To the Clerk or Recording Officer,
International Military Tribunal:
The representative of the United States has found it necessary to make
certain reservations as to the possible bearing of certain language in
the Indictment upon political questions which are considered to be
irrelevant to the proceedings before this Tribunal. However, it is
considered appropriate to disclose such reservations that they may not
be unknown to the Tribunal in the event they should at any time be
considered relevant. For that purpose, the foregoing copy is filed.
/s/ ROBERT H. JACKSON
ORDER OF THE TRIBUNAL
REGARDING NOTICE
TO INDIVIDUAL DEFENDANTS
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS
— against —
HERMANN WILHELM GÖRING, et al.,
Defendants.
The International Military Tribunal for the trial of the major war
criminals having been duly constituted and an indictment having been
lodged with the Tribunal by the Chief Prosecutors, in order to make fair
provision for notice to defendants:
IT IS ORDERED that each individual defendant in custody shall receive,
not less than 30 days before trial, a copy, translated into a language
which he understands, of the documents set out in paragraph (a) of Rule
2 of the Rules of the Tribunal, in accordance with the terms of that
paragraph.
Form of Notice to Individual Defendants
To the Defendants above named:
You and each of you is hereby notified that an indictment has been filed
against you in the International Military Tribunal. A copy of this
indictment and of the Charter constituting the International Military
Tribunal are attached hereto. Your trial will take place at the Palace
of Justice, Nuremberg, Germany, not less than 30 days from the service
of the indictment upon you. The exact date will be made known to you
later. Your attention is specifically directed to your right to counsel
under Article 23 and Article 16 of the Charter and Rule 2 (d) of the
Tribunal, a copy of which and a list of counsel are attached hereto for
your information.
An officer has been designated by the Tribunal to deliver this Notice
and accompanying documents to you and to confer with you with respect to
the employment and designation of counsel.
For the International Military Tribunal
(no signature)
General Secretary
ORDER OF THE TRIBUNAL
REGARDING NOTICE TO MEMBERS
OF GROUPS AND ORGANIZATIONS
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS
— against —
HERMANN WILHELM GÖRING, et al.,
Defendants.
WHEREAS an indictment has been lodged with this Tribunal against the
above named defendants:
AND WHEREAS such indictment shows that the Chief Prosecutors intend to
ask this Tribunal:
(1) to find that certain of the defendants were members of DIE
REICHSREGIERUNG (REICH CABINET); DAS KORPS DER POLITISCHEN LEITER DER
NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (LEADERSHIP CORPS OF
THE NAZI PARTY); DIE SCHUTZSTAFFELN DER NATIONALSOZIALISTISCHEN
DEUTSCHEN ARBEITERPARTEI (commonly known as the “SS”), and including DER
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, and
(2) to declare that said groups and organizations were criminal
organizations
IT IS HEREBY ORDERED that notice shall be given to the members of such
groups and organizations in the following form and manner:
(a) _Form of Notice_
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS
— against —
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 Following Groups or
Organizations to Which They Respectively Belong, Namely: DIE
REICHSREGIERUNG (REICH CABINET); DAS KORPS DER POLITISCHEN LEITER DER
NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (LEADERSHIP CORPS OF
THE NAZI PARTY); DIE SCHUTZSTAFFELN DER NATIONALSOZIALISTISCHEN
DEUTSCHEN ARBEITERPARTEI (commonly known as the “SS”) and including DER
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 HIGH COMMAND of the GERMAN ARMED FORCES,
Defendants.
Notice is hereby given to all members of the following groups and
organizations:
1. Die Reichsregierung, consisting of persons who were:
a) Members of the ordinary cabinet after 30 January 1933. The term
“ordinary cabinet” as used herein means the Reich Ministers; i.
e., heads of departments of the central government; Reich
Ministers without portfolio; State ministers acting as Reich
Ministers; and other officials entitled to take part in meetings
of this cabinet.
b) Members of Der Ministerrat für die Reichsverteidigung.
c) Members of Der Geheime Kabinettsrat.
2. Das Korps der Politischen Leiter der Nationalsozialistischen Deutschen
Arbeiterpartei, consisting of persons who were at any time, according
to common Nazi terminology, Politische Leiter of any grade or rank.
3. Die Schutzstaffeln der Nationalsozialistischen Deutschen
Arbeiterpartei (commonly known as the SS) and consisting of the entire
corps of the SS and all offices, departments, services, agencies,
branches, formations, organizations and groups of which it was at any
time comprised or which at any time integrated in it, including but
not limited to, the Allgemeine SS, the Waffen SS, the SS Totenkopf
Verbände, SS Polizei Regimenter and the Sicherheitsdienst des
Reichsführers-SS (commonly known as the SD).
4. Die Geheime Staatspolizei (commonly known as the Gestapo) consisting
of the headquarters, departments, offices, branches, and all the
forces and personnel of the Geheime Staatspolizei of Prussia and
equivalent secret or political police forces of the Reich and the
components thereof.
5. Die Sturmabteilungen der Nationalsozialistischen Deutschen
Arbeiterpartei (commonly known as the SA).
6. The General Staff and High Command of the German Armed Forces,
consisting of those individuals who between February 1938 and May 1945
were the highest commanders of the Wehrmacht, the Army, the Navy, and
the Air Forces. The individuals comprising this group are the persons
who held the following appointments:
Oberbefehlshaber der Kriegsmarine (Commander-in-Chief of the Navy)
Chef (and, formerly, Chef des Stabes) der Seekriegsleitung (Chief of
Naval War Staff)
Oberbefehlshaber des Heeres (Commander-in-Chief of the Army)
Chef des Generalstabes der Luftwaffe (Chief of the General Staff of the
Air Force)
Oberbefehlshaber der Luftwaffe (Commander-in-Chief of the Air Force)
Chef des Oberkommandos der Wehrmacht (Chief of the High Command of the
Armed Forces)
Chef des Führungsstabes des Oberkommandos der Wehrmacht (Chief of the
Operations Staff of the High Command of the Armed Forces)
Commanders-in-Chief in the field, with the status of Oberbefehlshaber of
the Wehrmacht; Navy, Army, Air Force.
THAT such groups and organizations are accused by the Chief Prosecutors
for the prosecution of major war criminals of being criminal
organizations and this Tribunal has been asked by the Chief Prosecutors
to declare said groups and organizations criminal.
THAT if any of such groups and organizations are found by this Tribunal
to have been criminal in character members will be subject to trial and
punishment on account of their membership in accordance with the
provisions of the Charter of this Tribunal and upon any such trial the
criminal character of the group or organization shall be considered
proved and shall not be questioned.
THAT the issue of the criminal character of these groups and
organizations will be tried commencing the 20th day of November 1945 at
the Palace of Justice, Nuremberg, Germany.
THAT any person who acknowledges membership in any of the said groups or
organizations may be entitled to apply to the Tribunal for leave to be
heard by the Tribunal upon the question of the criminal character of the
group or organization. Such application shall be made without delay, in
writing, and addressed to the General Secretary, International Military
Tribunal, Nuremberg, Germany.
THAT in the case of members of any of the said groups or organizations
who
(i) may be in the custody of the prosecuting powers, such applications
shall be handed to the Commanding Officer of the place where the
said members are detained;
(ii) may not be in custody, such applications shall be handed to the
nearest military unit.
THAT the Tribunal has power to allow or reject any such application. If
the application is allowed, the Tribunal will direct in what manner the
applicant shall be represented and heard.
THAT nothing contained in this notice shall be construed to confer
immunity of any kind upon such applicants.
For the International Military Tribunal
(no signature)
General Secretary
(b) _Manner of Notice_
IT IS FURTHER ORDERED:
THAT publication in the German language be made throughout the zones of
occupation in Germany over the radio, in newspapers and, if practicable,
by the form of postings ordinarily employed by the military authorities
in conveying information to the civilian population. Such radio and
newspaper publications shall be made once a week for four weeks and over
a sufficient number of radio stations, in a sufficient number of
newspapers or by posting in a sufficient number of places to give the
widest possible dissemination throughout the occupied territory of the
notice set forth in paragraph (a) above.
THAT publication in the German language be made wherever practicable in
the prisoner of war camps in which Germans are imprisoned, in such
manner as the officers commanding such camps may decide.
The appropriate occupation authorities are requested to cooperate with
the General Secretary of the International Military Tribunal in making
this publication and the General Secretary shall make written report to
the Tribunal of the action taken.
ORDER OF THE TRIBUNAL
REGARDING NOTICE TO DEFENDANT BORMANN
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS
— against —
HERMANN WILHELM GÖRING, et al.,
Defendants.
The International Military Tribunal having been duly constituted and an
indictment having been lodged with the Tribunal by the Chief Prosecutors
AND one of the defendants, Martin Bormann, not having been found
IT IS ORDERED that notice be given said Martin Bormann in the following
form and manner:
(a) _Form of Notice_
Take Notice:
Martin Bormann is charged with having committed Crimes against Peace,
War Crimes, and Crimes against Humanity all as particularly set forth in
an indictment which has been lodged with this Tribunal.
The indictment is available at the Palace of Justice, Nuremberg,
Germany.
If Martin Bormann appears, he is entitled to be heard in person or by
counsel.
If he fails to appear, he may be tried in his absence, commencing
November 20, 1945 at the Palace of Justice, Nuremberg, Germany, and if
found guilty the sentence pronounced upon him will, without further
hearing, and subject to the orders of the Control Council for Germany,
be executed whenever he is found.
By order of
The International Military Tribunal
(no signature)
General Secretary
(b) _Manner of Notice_
This notice shall be read in full once a week for four weeks over the
radio, the first reading to be during the week of October 22, 1945. It
shall also be published in four separate issues of a newspaper
circulated in the home city of Martin Bormann.
The Orders and Forms of Notice above set forth have been adopted by the
International Military Tribunal.
/s/ GEOFFREY LAWRENCE
President
October 18, 1945
Attest: /s/ HAROLD B. WILLEY
General Secretary
CERTIFICATES OF COMPLIANCE
WITH ORDERS OF THE TRIBUNAL
REGARDING NOTICE TO MEMBERS OF GROUPS
AND ORGANIZATIONS AND TO DEFENDANT
BORMANN
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS
— against —
HERMANN WILHELM GÖRING, et al.,
Defendants.
_Declaration_
I, Richard William Hurlstone Hortin, a Major in H. M. Army serving with
the Control Commission for Germany (British Element) at Berlin, solemnly
and sincerely declare as follows—
1. I make this Declaration in my capacity of Berlin Secretary of the
International Military Tribunal.
2. Pursuant to the order of the International Military Tribunal as to
publication of Notice No. 1 as to Nazi Organisations, I served a copy of
the said notice on each of the four Allied Secretariats; at the same
time I served on the four Allied Secretariats a copy of the said order
and a copy of the order of the International Military Tribunal as to
Martin Bormann. Service was effected by delivery by me personally of the
said notice and orders to duly authorised persons of the said Allied
Secretariats.
The order as to Martin Bormann states that publication must be made in
four separate issues of a newspaper circulated in the home city of
Martin Bormann. After full enquiries I ascertained that the last known
place of residence of Martin Bormann was Berlin. A former place of
residence was Mecklenburg. It was also believed that the birthplace was
Halberstadt. I gave these details to the Soviet Secretariat. I also
arranged for publication in Berlin newspapers and on the radio.
Newspaper circulation in the Russian Zone normally extends to both
Halberstadt and Mecklenburg.
3. As a result of careful enquiries I ascertained that a reasonable
number of notices for the whole of the four Zones would be 200,000 and,
in consultation with the Legal Division of the Office of the Military
Government for Germany (United States) and with the French and Soviet
Allied Secretariats, I arranged for the printing of this number of
notices. At the same time I arranged for the printing of a similar
number of notices to Martin Bormann. These two notices were both printed
on the same sheet of paper and a copy is annexed hereto and marked
“Exhibit I”.
9,000 of these notices were distributed by me to the appropriate
officers in the French, Soviet, British and American Sectors, namely
2,500 each for the American and Soviet Sectors and 2,000 each for the
French and British Sectors. I am informed, and verily believe, that
these notices were posted and exhibited in public places before midnight
of the 27th October, 1945. 1,000 copies were retained by me as a reserve
to be handed to Military authorities in the four Zones for reading and
posting in P.O.W. Camps.
4. As to the remaining 190,000 of the said notices, 50,000 were handed
personally by me to the Bureau of Information of the Soviet Military
Administration in Germany. I arranged for the delivery of 50,000 to the
Public Relations Branch of Control Commission for Germany (British
Element) at Lübeck, Germany. I have made full and continuous enquiries
and I am informed and verily believe that these notices were immediately
distributed throughout the British Zone and through the channels which
ensure the widest possible distribution.
I am informed by the Legal Division of the Office of Military Government
for Germany (United States) that as previously arranged with me, they
delivered 40,000 copies to the French Authorities at Baden-Baden. I am
also informed by them and verily believe that the remaining 50,000
notices were handed by them to the appropriate United States Authorities
for distribution through their Zone.
5. During the period October 20th to November 17th 1945 there have been
four weekly publications in each of the four Zones of Germany of the
said two notices in newspapers and over radio stations. The American,
Soviet and British newspapers in Berlin have also carried the notices.
Furthermore, in pursuance of the order of the International Military
Tribunal, the said notices were handed to the appropriate Military
Authorities of each of the four Zones for reading in Prisoner-of-War
Camps and for such other form of publication as local Commanders might
think proper within their own discretion.
6. Exhibits II, III and IV which are attached hereto, and marked by me,
are certificates by the appropriate American, French and Soviet
Authorities that the requirements of the said two orders of the
International Military Tribunal have been fulfilled.
As to the British Zone, I have ascertained by enquiries from the said
Public Relations Branch of the Control Commission for Germany (British
Element) that the two notices have been widely distributed and
publicised through the channels most appropriate for the purpose as
stated in paragraph 4 of this my declaration. Furthermore I have
similarly ascertained that appropriate action has been taken by British
Military Authorities for reading and posting in Prisoner-of-War Camps
wherever practicable.
“Exhibit V” attached hereto and marked by me is a certificate as to
publication of the two notices in newspapers and on the radio in Berlin
and in the British Zone of occupation.
7. I make this solemn declaration conscientiously believing the same to
be true, and I declare that the information which I give therein has
been obtained by me through official sources and from those persons
whose duty it is to give such official information.
/s/ R. W. H. HORTIN
Major
Declared by the above-named Richard William Hurlstone Hortin This 17th
day of November 1945 In my presence:
/s/ R. O. WILBERFORCE
Brigadier,
Deputy Chief,
Legal Division,
C. C. G. (B. E.).
Exhibit II. Dissemination in the American Zone
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS
— against —
HERMANN WILHELM GÖRING, et al.,
Defendants.
_Certificate_
I hereby certify that at the request of the above entitled tribunal,
through Harold B. Willey, General Secretary, I have performed the
following services in connection with publication, broadcast and posting
of notices in the above entitled cause under order of the above entitled
tribunal issued at Nuremberg, Germany, on or about 18 October 1945:
1. In cooperation with Major R. W. H. Hortin, Legal Division, Advance
Headquarters, Control Commission for Germany (British Element), Berlin,
on or about 23 October 1945, I arranged for the initial printing of
10,000 copies of the attached notice by the Ullstein Press, Berlin
(Exhibit “I”). On 26 October 1945 I personally took delivery of 2,500 of
the said notices and delivered them to Major E. K. Neumann, Chief Public
Safety Officer, U. S. Headquarters, Berlin District, for posting in the
U.S. Zone of Berlin. Major Neumann’s indorsement to basic letter dated
27 October 1945 is attached as Exhibit “II A”. From my personal
knowledge the posters were posted throughout the U.S. Zone, Berlin, as
stated by Major Neumann. The remaining 7,500 posters of the original
10,000 were delivered to Major Hortin for posting in the British,
Soviet, and French sectors of Berlin. To my personal knowledge they were
so posted.
2. On or about 26 October 1945 I arranged for the publication of 190,000
additional posters. Ninety thousand of these were personally delivered
to me on 31 October 1945, and by me shipped to the Office of Military
Government, U.S. Zone, Frankfurt, Germany, for posting in the U.S. Zone
and the delivery of 40,000 to Headquarters, French Military Government
at Baden-Baden, Germany, for posting in the French Zone. A copy of the
cable of instruction sent to Headquarters, Office of Military
Government, U.S. Zone, is attached and marked Exhibit “II B”.
3. To my personal knowledge the Office of Information Control Service,
Office of Military Government for Germany (U.S.), (Lt. Col. R. K. Fried,
Executive Officer), relayed the attached notice to all German language
newspapers and radio stations operating in the U.S. Zone with
instructions to print and broadcast same as directed in the Tribunal’s
order. A further certificate of compliance with this provision of the
Tribunal’s order will be made by the Office of Information Control upon
expiration of the fourth week on 17 November 1945.
Dated at Berlin, Germany, this 15th day of November 1945.
/s/ ALEXANDER G. BROWN, 0-912504,
Lt. Colonel, AUS-AC,
Legal Division, Office of Military
Government for Germany (U.S.)
/s/ R. W. H. HORTIN
Major
Exhibit II A. Dissemination in the American Zone
OFFICE OF MILITARY GOVERNMENT FOR GERMANY (U.S.)
Legal Division
APO 742
27 October 1945
SUBJECT : Posting of International Military Tribunal Posters.
TO : Public Safety Division, U.S. Headquarters, Berlin District
(Major Neumann).
1. It is requested that necessary action be taken to post 2,500 copies
of the two orders of the International Military Tribunal in the case of
Hermann Wilhelm Göring et al. in the U.S. Sector of Berlin on or before
1800 hours, 27 October 1945.
2. The Legal Division, Office of Military Government for Germany (U.S.)
requests that a report be made at your earliest convenience advising as
to the posting as requested in par. 1.
3. This request is in confirmation of arrangements previously made by
Major Neumann and Lt. Col. Alexander G. Brown (76 X6110), this
headquarters.
/s/ Charles Fahy
Director
1st Ind.
U.S.Hq.B.D. & Hq. F.A.A., OMG, P.S., APO 755, U.S. Army, 31 Oct 45.
TO: Legal Division, OMGGUS, APO 742.
1. Pursuant to request 2,500 copies of the two orders of the
International Military Tribunal in the case of Hermann Wilhelm Göring et
al. were posted in the U.S. Sector of Berlin before 1800 hrs, 27 October
1945.
2. Said orders were on said date and before said hour posted upon
bulletin boards and in other conspicuous places, to the approximate
number of 435, in each of the six VBKs, namely Steglitz, Zehlendorf,
Kreuzberg, Tempelhof, Schöneberg, Neukölln, which constitute the U.S.
Sector of Berlin.
/s/ E. K. NEUMANN
Major, A. C.
Chief Public Safety Officer
Exhibit II B. Dissemination in the American Zone
HQ. U.S. GROUP C.C.
A.G. CABLES
OUTGOING MESSAGE
_UNCLASSIFIED_
_PRIORITY_
TO : LEGAL BRANCH, OMGGUS ZONE
FROM : OMGGUS FROM FAHY SIGNED CLAY
INFO : INTERNATIONAL MILITARY TRIBUNAL, NUREMBERG
REF NO : CC-18221 TOO: 291200 B Oct 45 em
Legal Division, OMGGUS, at request of the International Military
Tribunal, Nuremberg, has arranged for the printing of 100,000 copies of
official notice to defendants. Shipment of approximately this number by
air priority will be made to OMGGUS Zone as soon as they are printed,
probably Thursday. It is desired that one-half of the shipment be
relayed by OMGGUS Zone, to Headquarters, French Military Government,
Baden-Baden. Court has directed that the notices be posted on official
bulletin boards throughout US Zone and read and posted in all prisoner
of war camps. Similar distribution has been ordered in other zones in
Germany. Request Legal Branch, OMGGUS Zone, take necessary action to
insure immediate relay of posters to the French and immediate
distribution to military detachments throughout US Zone with instruction
that they shall be posted within 24 hours of receipt. Distribution by
OMGGUS Zone, to include Bremen Enclave, but not Berlin District.
Distribution in Berlin District made direct by Legal Division, OMGGUS.
Request that regional military government detachments report through
Legal Branch, OMGGUS Zone, to Harold B. Willey, General Secretary,
International Military Tribunal, Nuremberg, upon compliance with posting
of notices as directed, and that a copy of such report be forwarded to
Legal Division, OMGGUS.
ORIGINATOR: Legal AUTH: F. H. GORDON
Major
INFORMATION: O/SS, Pub. Relations, AG Records.
CC 18221 30 Oct 45 JAK/tb 0444B
_UNCLASSIFIED_
Exhibit II C. Dissemination in the American Zone
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS
— against —
HERMANN WILHELM GÖRING, et al.,
Defendants.
_Certificate_
I hereby certify that acting on instruction from Lieut. Colonel Raymond
K. Fried I have performed the following services or have been informed
of the following facts in connection with the publication and broadcast
of notices in the above entitled cause under order of the above titled
tribunal issued at Nuremberg, Germany, on or about 18 October, 1945:
1. I caused to be transmitted to the DANA news service in Bad Nauheim
copies of the attached notices to Martin Bormann and to members of
certain organizations (Exhibit I) with instructions that these notices
were to be published in German language newspapers in the United States
Zone of Germany and the United States Sector of Berlin, and broadcast
over radio stations in the United States Zone.
2. Through the Radio Section of Information Control Division, U.S.
Forces, European Theater, I have been informed that the above mentioned
notices were broadcast three times each between October 26 and November
8, 1945 (Exhibit II D).
3. Through the DANA news service and through personal observation I have
learned that copies of the above mentioned notices were printed in
German language newspapers in the United States Zone and the United
States sector of Berlin between 18 October and 17 November 1945.
Dated at Berlin, Germany, this 23rd day of November 1945.
/s/ HOWARD DENBY
Press Control News Unit (Berlin)
Information Control Division
United States Forces, European
Theater
Exhibit II D. Dissemination in the American Zone
SUBJECT : War Crimes Indictments.
TO : Colonel Murphy.
1. The general indictment of the 24 defendants and the Nazi
organizations was broadcast at 2015 on October 26, November 3 and
November 8.
2. The notification to Bormann to the effect that he would be tried _in
absentia_ if he did not appear personally for trial was broadcast at
2000 hours October 26, November 2 and November 8.
3. All of these broadcasts originated at Luxembourg and were relayed by
Frankfurt, Munich, and Stuttgart.
/s/ GERALD F. MAULSBY
Chief, Radio Section
Exhibit III A. Dissemination in the French Zone
COMMANDEMENT EN CHEF FRANÇAIS EN ALLEMAGNE
GOUVERNEMENT MILITAIRE Baden-Baden, 23 November 1945
DE LA Counsellor Furby
ZONE FRANÇAISE Director General of Justice
D’OCCUPATION Representative in Germany for
DIRECTION GÉNÉRALE the Search of War Criminals
de la
JUSTICE to
Le Directeur Général
The Delegate of the
Provisional Government of the
French Republic of the
Prosecution of the
International Military Tribunal
of the Major War Criminals
I certify that at the date of the 21st November 1945 the notice
concerning the trial by the International Military Tribunal of the issue
of the criminal character of certain organizations had been published in
the German language in the French Zone of Occupation over the radio and
newspapers at least once a week for two weeks, and that this publication
will be continued for another two weeks over the one radio station of
the French Zone (Koblenz) and in twelve German papers to give the widest
possible dissemination throughout the French Zone.
I further certify that this notice was also published by the form of
postings ordinarily employed by the military authorities in conveying
information to the civilian population.
I further certify that this notice has been delivered to the appropriate
French authorities in charge of prisoners of war for publication in the
German language wherever practicable in prisoner of war camps in which
Germans are imprisoned, in such manner as the officers commanding such
camps may decide.
The Director General of Justice
Representative in Germany for the
Search of War Criminals,
(Seal) /s/ FURBY
Exhibit III B. Dissemination in the French Zone
COMMANDEMENT EN CHEF FRANÇAIS EN ALLEMAGNE
GOUVERNEMENT MILITAIRE Baden-Baden, 23 November 1945
DE LA
ZONE FRANÇAISE Counsellor Furby
D’OCCUPATION Director General of Justice
DIRECTION GÉNÉRALE Representative in Germany for
de la the Search of War Criminals
JUSTICE
Le Directeur Général to
The Delegate of the
Provisional Government of the
French Republic of the
Prosecution of the
International Military Tribunal
of the Major War Criminals
_Certificate to General Secretary_
I certify that at the date of the 21st November 1945 the notice to
Martin Bormann that he is charged with having committed Crimes against
Peace, War Crimes and Crimes against Humanity as set forth in an
indictment which has been lodged with this Tribunal, had been published
in the German language in the French Zone of Occupation over the radio
and newspapers at least once a week for two weeks, the first publication
having been made during the week beginning October the 12th, and that
this publication will be continued for another two weeks over the one
radio station of the French Zone (Koblenz) and in twelve German papers
to give the widest possible dissemination throughout the French Zone.
The Director General of Justice
Representative in Germany for the
Search of War Criminals,
(Seal) /s/ FURBY
Exhibit IV A. Dissemination in the Russian Zone
General Secretary,
The International Military Tribunal,
Nuremberg.
_Certificate_
I hereby certify that announcement of the trial, by the International
Military Tribunal of the criminal case of certain organizations was duly
published in German in the Soviet Zone of occupation in Germany in all
the newspapers under our control namely: “Tägliche Rundschau”, “Berliner
Zeitung”, “Deutsche Volkszeitung”, “Neue Zeit”, “Der Morgen”, “Das
Volk”, (all published in Berlin), “Volksstimme”, “Volkszeitung”,
“Thüringer Volkszeitung”, “Volksblatt” and “Sächsische Volksstimme” (all
published in the provinces).
The publication was repeated weekly beginning 22nd October 1945. In
addition it was broadcast weekly over the Berlin radio.
Furthermore I certify that this announcement was posted in bill form.
Chief of Information Bureau,
Soviet Military Administration in Germany
/s/ I. TUGARINOV
14 November 1945
17/11/45 A. KUDROV /s/
Exhibit IV B. Dissemination in the Russian Zone
General Secretary,
The International Military Tribunal,
Nuremberg.
_Certificate_
I hereby certify that the complete text of the statement of Martin
Bormann to the effect that he is guilty in full measure of crimes
against peace, war crimes and crimes against humanity, as set forth in
the Indictment presented to this Tribunal, has been read in German over
the radio in the Soviet zone of occupation in Germany once a week
starting with Oct. 22, that is, Oct. 24, Nov. 3, Nov. 10, and Nov. 17,
1945.
Concurrently on these same dates it was published in Berlin in the
following papers: “Tägliche Rundschau”, “Berliner Zeitung”, “Deutsche
Volkszeitung”, “Neue Zeit”, “Der Morgen”, “Das Volk”.
Moreover, each week it was published in the following provincial
newspapers: “Volksblatt”, “Sächsische Volkszeitung”, “Volkszeitung”,
“Thüringer Volkszeitung”.
Chief of Information Bureau,
Soviet Military Administration in Germany
/s/ I. TUGARINOV
17 November 1945
Exhibit V A. Dissemination in the British Zone
PR/ISC Group,
Advance Headquarters,
Control Commission for Germany
(British Element),
BERLIN, B.A.O.R.
The General Secretary,
International Military Tribunal.
I certify that the notice concerning the trial by the International
Military Tribunal of the issue of the criminal character of certain
organizations has been published in the German language in the British
Zone of occupation in the following newspapers, at least once a week for
four weeks:
Circulation for week
ending 27 Oct 45.
Neue Westfälische Zeitung 1,000,000
Neue Rheinische Zeitung 520,000
Kölnischer Kurier 370,000
Ruhr Zeitung 500,000
Aachener Nachrichten 110,000
Neue Hamburger Presse 402,500
Lübecker Post 156,000
Kieler Kurier 210,000
Hamburger Nachrichtenblatt 108,100
Lübecker Nachrichtenblatt 47,600
Kieler Nachrichtenblatt 17,500
Flensburger Nachrichtenblatt 12,500
Neuer Hannoverscher Kurier 433,000
Nordwest Nachrichten 301,000
Hannoversches Nachrichtenblatt 22,500
Neues Oldenburger Tageblatt 40,100
Lüneburger Post 178,900
Braunschweiger Neue Presse 150,500
Der Berliner 300,000
It has also been broadcast over the transmitters at Hamburg and Cologne
(Langenberg).
I certify that it has thereby received the widest possible dissemination
throughout the British Zone.
/s/ W. H. A. BISHOP
Major-General,
Chief, PR/ISC Group,
Control Commission for Germany (BE).
BERLIN, 15 Nov 45.
Exhibit V B. Dissemination in the British Zone
PR/ISC Group,
Advance Headquarters,
Control Commission for Germany
(British Element),
BERLIN, B.A.O.R.
The General Secretary,
International Military Tribunal,
I certify that the notice to Martin Bormann that he is charged with
having committed Crimes against Peace, War Crimes and Crimes against
Humanity as set forth in an indictment which has been lodged with this
Tribunal has been read in full in the German language once a week for
four weeks over the radio in the British Zone, the first reading having
been during the week of October 22, 1945, and that it has also been
published in four separate issues of “Der Berliner”, the newspaper
published in the British sector of Berlin.
/s/ W. H. A. BISHOP
Major General,
Chief, PR/ISC Group.
Control Commission for Germany (B. E.)
BERLIN, 15 Nov 45
/s/ R. W. H. HORTIN
CERTIFICATES OF SERVICE ON INDIVIDUAL
DEFENDANTS
INTERNATIONAL MILITARY TRIBUNAL
24 October 1945
_Certificate to General Secretary_
I certify that I have served the following documents: (1) Indictment,
(2) Notice, (3) Charter of International Military Tribunal, (4) Rule 2
(d) of the Rules of the International Military Tribunal, and (5) list of
German lawyers, on the following named defendants at the time and place
stated, by personally delivering to each of them a copy in the German
language of each of the above-named documents:
HESS, Rudolf 19 October 45 Nuremberg
GÖRING, Hermann 19 October 45 Nuremberg
JODL, Alfred 19 October 45 Nuremberg
VON RIBBENTROP, Joachim 19 October 45 Nuremberg
KEITEL, Wilhelm 19 October 45 Nuremberg
LEY, Robert 19 October 45 Nuremberg
VON NEURATH, Constantin 19 October 45 Nuremberg
SAUCKEL, Fritz 19 October 45 Nuremberg
VON PAPEN, Franz 19 October 45 Nuremberg
DÖNITZ, Karl 19 October 45 Nuremberg
SEYSS-INQUART, Arthur 19 October 45 Nuremberg
FRANK, Hans 19 October 45 Nuremberg
ROSENBERG, Alfred 19 October 45 Nuremberg
FUNK, Walter 19 October 45 Nuremberg
FRICK, Wilhelm 19 October 45 Nuremberg
SPEER, Albert 19 October 45 Nuremberg
VON SCHIRACH, Baldur 19 October 45 Nuremberg
SCHACHT, Hjalmar 19 October 45 Nuremberg
STREICHER, Julius 19 October 45 Nuremberg
KALTENBRUNNER, Ernst 19 October 45 Nuremberg
I further certify that I have apprised each of the above-named
defendants of his right to the employment and designation of counsel.
/s/ A. M. S. NEAVE,
Major.
CERTIFICATE OF SERVICE ON DEFENDANT
GUSTAV KRUPP VON BOHLEN
INTERNATIONAL MILITARY TRIBUNAL
23 October 1945
_Certificate to General Secretary_
I certify that I have served the following documents: (1) Indictment,
(2) Notice, (3) Charter of International Military Tribunal, (4) Rule
2(d) of the Rules of the International Military Tribunal, and (5) List
of German Lawyers, on the following named defendant at the time and
place stated, by personally delivering to him a copy in the German
language of each of the above-named documents:
HERR GUSTAV KRUPP VON BOHLEN, 19 October 1945, Blühbach near Werfen,
Austria.
I further certify that I have apprised the above-named defendant of his
right to the employment and designation of counsel to the extent that
this was possible in view of his mental condition.
At the direction of the Tribunal I have made an investigation into the
state of Gustav Krupp von Bohlen’s health and have obtained medical
reports on this subject which are attached hereto. (Attachments I, II,
and III).
As a result of the conclusions in these reports and my own observation,
I suggest that the General Secretary recommend to the Tribunal that a
committee of medical officers, representing each nation, be appointed by
the Tribunal to proceed to Blühbach for the purpose of giving Krupp von
Bohlen a thorough examination and reporting their findings to the
Tribunal.
/s/ JAMES H. ROWE, JR.
Medical Certificates Attached to
Certificate of Service on Defendant
Gustav Krupp von Bohlen
(Attachment I)
3d Battalion, Medical Section
232d Infantry Regiment
Schloss Blühbach
Bezirk Bischofshofen, Austria
6 October 1945
MEMORANDUM FOR: Capt. Norman A. Stoll, JAGD, Office U.S.
Chief of Counsel for the Prosecution of Axis
Criminality
SUBJECT: Condition of Health of Mr. Gustav Krupp von
Bohlen
1. Mr. Gustav Krupp von Bohlen was examined by me today, and the
following findings are noticed.
2. Subject has suffered from progressive arteriosclerosis and senility
since 1939. He suffered an attack of cerebral thrombosis in 1942, which
resulted in a temporary facial paralysis. About a year ago he lost
bladder and sphincter control.
3. At the present time he is bedridden, has to be fed and to be cared
for by nurses. He has no insight into his condition or situation
whatsoever and is unable to follow or keep up any conversation.
4. I do not believe that subject can be moved without serious detriment
to his health or that interrogation would be of any value due to his
loss of speech and complete lack of any understanding. His course will
be progressively down-hill.
5. In my judgment subject is not mentally competent to stand trial in a
court of justice.
/s/ WALTER PICK
Capt., MC, 232d Infantry
(Attachment II)
Blühbach, 13 September 1945
Otto Gerke, M.D.
Professor
Bad Gastein
_Medical Certificate_
Dr. Gustav Krupp von Bohlen und Halbach, born 7 August 1870, has been
treated by me for many years; he was examined by me today. Since 1930
there has existed an arthrosis of the spine, as well as a hypotony which
as far back as 1932 caused fainting fits. Since 1937 a rapidly
increasing sclerosis of the vessels was to be noted which occurred in
particular in the vessels of the brain.
In 1939 a fleeting paralysis of the eye muscles made its appearance and
passing disturbances of speech occured. In the spring of 1942, the
patient suffered an apoplectic stroke on the left side, with
facialisparosis and a distinct increase of reflexes on the entire right
side. The cerebral disturbances of circulation have gradually grown
worse despite treatments with medicaments. They manifested themselves
first in the form of impaired memory and will power, indecision and
general deterioration of intellectual faculties and increased to the
point of definite depressions accompanied by apoplectic numbness and
involuntary crying. There developed an acute arteriosclerotic dementia.
In an automobile accident in December, 1944, the patient suffered a
fracture of the nose bone and the skull basis and had to be treated for
eight days in the Schwarzach Hospital at St. Veith. Since that time, his
physical condition has also deteriorated, and several apoplectic fits
have occurred as a consequence of multiple softenings of the brain with
heart symptoms and striary syndroms.
The patient is by now completely apathetic and disorientated. There
exists a motoric aphasy. Owing to rigor of the muscles, he can neither
walk nor stand up. For approximately the last six months he has not been
able to hold urine and stool. He is completely helpless even in the
simplest matters. There can be traced an advanced emphysen in the lungs
and a distinct myocardic impairment on the basis of a coronary sclerosis
of the heart. An enlargement of the prostate gland has existed for
years.
The prognosis of the condition is definitely unfavorable, an improvement
is not to be expected. Herr Von Bohlen is in no way competent or capable
of being interrogated.
/s/ DR. GERKE
(Attachment III)
HEADQUARTERS
42d DIVISION ARTILLERY
APO 411 US ARMY
20 October 1945
SUBJECT : Physical Examination of GUSTAV KRUPP VON BOHLEN UND HALBACH
TO : General Secretary, International Military Tribunal, APO 403
1. The following history and physical examination of Herr Gustav Krupp
von Bohlen und Halbach is submitted in compliance with a request from
Mr. James Rowe. The history was obtained from Frau Von Bohlen and from
the valet. The information was obtained on the 19th and 20th of October
1945 when the patient was examined at his home at Blühbach, Austria.
2. HISTORY OF PRESENT ILLNESS: Herr Von Bohlen has been developing
arteriosclerosis since 1932 according to his physician’s reports. It is
believed that he first had a very light apoplectic stroke in 1937. This
was very transitory in nature and cleared without noticeable
aftereffects except for some loss of the acuteness of his thought
processes and memory which his family noticed. In the latter part of
November 1944 he had a spell of unconsciousness, fell and fractured a
finger and was unable to walk alone for about 24 hours. On 15 December
1944, he was in an automobile accident and received a severe blow and
laceration of the forehead. He was hospitalized as a result of this
accident until the first week of February 1945, at which time he
returned home. Following this he was able to walk only with assistance
and he was unable to make coherent statements. He continued to have
light strokes and since March has been unable to walk even with help,
and his ability to speak has gradually decreased until at the present
time he is able only to speak an occasional single word. Also since
leaving the hospital he has had no control of the bowels or bladder and
during the past three months has given no evidence of recognizing
various members of his family or close acquaintances.
3. PHYSICAL EXAMINATION:
GENERAL: The patient is an emaciated white male of 76 years of age who
is unable to speak or to cooperate in his own examination, and appears
to have no realization of what is going on about him.
SKIN: Scar 2 inches long extending across the forehead and downward
between the eyes and across the bridge of the nose.
The skin of the groin is macerated bilaterally as a result of being
constantly moistened with urine.
EYES, EARS, NOSE AND THROAT: No marked abnormalities.
LUNGS: Hyper-resonant throughout with moderate enlargement of the chest
cage suggesting the presence of mild emphysema.
CARDIOVASCULAR SYSTEM: Apex of heart palpable at a point 1 cm medial to
the left mid-clavicular line. No evidence of right heart enlargement
could be detected. Pulse 80. Blood pressure 130/75. Pulse full and
regular except for an occasional skipped beat. The distal palpable
arteries in the wrist and ankles were markedly sclerotic.
MUSCULO-SKELETAL SYSTEM: Both legs and arms were slowly moved by the
patient although all movements of the extremities were associated with
moderate spasticity. The patient was unable to stand alone or walk when
he was held upright.
NEUROLOGICAL SYSTEM: Pupillary reaction to light normal. Deep tendon
reflexes in arms and legs were normal. Normal reaction to plantar
stimulation.
GENITO-URINARY SYSTEM: Incontinence of urine was noted at the time of
examination. Genitalia appeared normal. A prostatic examination was not
made.
GASTRO-INTESTINAL SYSTEM: Abdominal examination was normal. Incontinence
of the bowels was noted at the time of the examination.
4. IMPRESSION AND PROGNOSIS:
It is the impression of the undersigned that this man is suffering from
far advanced generalized arteriosclerosis which is progressive and that
he has already suffered from repeated small apoplectic strokes. It is
believed that this condition has already developed to the point where
this man has lost all capacity for memory, reasoning or understanding of
statements made to him and that transporting or doing anything which
might excite him might endanger his life.
/s/ PAUL F. CHESNUT
Capt., MC
Surgeon.
ACKNOWLEDGMENT OF SERVICE
The following declarations were received in writing from Hans Fritzsche
and from Erich Raeder on 18 October 1945:
I, Hans Fritzsche, have received today, on 18 October 1945, at 1950
Berlin time, the Indictment of the Chief of Counsel of the International
Military Tribunal, a statement regarding my right to defense, a list of
German lawyers, the Rules of the International Military Tribunal in the
German language. Above documents have been handed to me by the Red Army
Officer Grishajeff, acting on orders of the International Military
Tribunal and who advised me in the German language on the contents of
the documents and on my right to defense.
Berlin, 18 October 1945.
/s/ HANS FRITZSCHE
I, Erich Raeder, have received today, on 18 October 1945, at 1850 Berlin
time, the Indictment of the Chief of Counsel of the International
Military Tribunal, a statement regarding my right to defense, a list of
German lawyers, the Rules of the International Military Tribunal in the
German language. Above documents have been handed to me by the Red Army
Officer Grishajeff, acting on orders of the International Military
Tribunal and who advised me in the German language on the contents of
the documents and on my right to defense.
Berlin, 18 October 1945.
/s/ ERICH RAEDER
MOTION ON BEHALF OF DEFENDANT
GUSTAV KRUPP VON BOHLEN
FOR POSTPONEMENT OF THE TRIAL AS TO HIM
Nuremberg, 4 November 1945
Theodor Klefisch
Lawyer
Cologne, 43, Blumenthalstrasse
To : The International Military Tribunal,
Nuremberg.
As defending counsel to the accused Dr. Gustav Krupp von Bohlen und
Halbach I request that the proceedings against this accused be deferred
until he is again fit for trial.
At any rate I request that the accused be not tried in his absence.
_Reasons_
By Article 12 of the Charter of the International Military Tribunal this
Court has the right to try an accused in his absence if he cannot be
found, or if the Court deem this necessary for other reasons in the
interest of justice.
The 75-year-old accused Krupp von Bohlen has for a long time been
incapable of trial or examination owing to his severe physical and
mental infirmities. He is not in a position to be in contact with the
outside world nor to make or receive statements. The Indictment was
served on him on 19 October 1945 by a representative of the
International Military Tribunal by placing the document on his bed. The
accused had no knowledge of this event. Consequently he is not aware of
the existence of an Indictment. Naturally therefore he is not capable of
communicating either with his defense counsel nor with other persons on
the subject of his defense.
To prove the above two medical certificates are enclosed—that of the
court medical expert Doctor Karl Gersdorf of Werfen, Salzburg of 9
September 1945, and that of the Professor Doctor Otto Gerke of
Badgastein of 13 September.
Lately Herr Krupp von Bohlen has been examined several times by American
military doctors. As far as it is possible I should like to request
another complete medical examination. If the accused is unable to appear
before the Court, then according to Article 12 of the Charter he could
be tried only if the Court deemed it necessary in the interests of
justice.
Whatever may be understood by the phrase “in the interests of justice”
it would hardly be objective justice to try a defendant accused of such
serious crimes, if he were not informed of the contents of the
accusations or if he were not given the chance to conduct his own
defense or instruct a defense counsel. Particularly is he in no
condition to comprehend the following rights of an accused set out in
the Charter:
1. By Article 16, Section (a) of the Charter a copy of the Indictment in
a language which he understands will be served on the accused at a
suitably appointed time. The assurance given hereby for a sufficient
preparation of the proceedings can not be guaranteed to Defendant Krupp
von Bohlen on account of his state of disease. According to Section (c)
of the same Article 16 a preliminary interrogation of the defendant
shall take place in a language intelligible to him. That is likewise
impossible here. According to Section (d) of Article 16 the defendant
moreover can not exercise his right of decision as to whether he will
conduct his own defense or whether he would like to be defended by
counsel. Also the right of the defendant as provided in Section (c) of
producing evidence and of cross examining witnesses himself or by his
counsel in his behalf can not be exercised by the defendant in view of
his condition.
2. In the same manner as the Defendant Gustav Krupp von Bohlen und
Halbach is not able to exercise the confirmed rights stated above in the
preliminary proceedings he will also not be able to exercise in the
Trial those rights guaranteed to him by Article 24 of the Charter. In
the first place this concerns the statement which the accused has to
render on inquiry as to whether he admits his guilt or not, a statement
which is of particular importance for the course of the Trial and for
the decision of the Tribunal. This is all the more important as this
statement regarding guilt or innocence can be made exclusively by the
accused himself according to his own judgment and after examining his
conscience. So far as the procedure is admissible at all, the defense
counsel could not at the request of the Court express himself on the
question of guilt, as such a declaration presupposes the possibility of
communication and understanding with the accused.
Also the defendant could not exercise the right to the last word to
which he is entitled according to Article 24, Section (j).
The legislators who set up these guarantees for the defense cannot wish
to deny them undeservedly to an accused who can not make use of them
owing to illness. If by Article 12 of the Charter the Trial of an absent
defendant is allowed, then this exception to the rule can be applied
only to a defendant who is unwilling to appear though able to do so. As
is the case with the criminal procedure rules of nearly all countries,
it is on this principle that the rules and regulations concerning the
trial of absent defendants are based.
/s/ KLEFISCH
Lawyer
Medical Certificates Attached to Motion
on Behalf of Defendant
Gustav Krupp von Bohlen
(Attachment I)
_Doctor’s Certificate_
Dr. Gustav Krupp von Bohlen und Halbach, born 7 August 1870, presently
residing at Posthaus Blühbach, Werfen, Salzburg, suffers from
progressive arteriosclerotic softening of the brain (Paralysis celebri)
and as a consequence of this illness he requires constant care and
treatment. He is incapable of standing trial or of being subjected to
interrogation. An improvement of his condition is not to be expected.
Owing to his bad general physical condition (Myodegeneratio cordis and
Ataxis) he is not capable of traveling either.
/s/ KARL GERSDORF, M. D.
District Doctor
Werfen, Salzburg
Certified Court Expert
Werfen, 8 September 1945
(Attachment II)
Attachment II is a medical certificate by Dr. Otto Gerke, printed on
page 120 ante.
REPORT OF MEDICAL COMMISSION
APPOINTED TO EXAMINE DEFENDANT
GUSTAV KRUPP VON BOHLEN[15]
7 November 1945
We, the undersigned, during the morning of 6 November 1945, examined the
patient, identified as Gustav Krupp von Bohlen by the military
authorities in charge, in the presence of his wife and nurse.
We unanimously agree that the patient was suffering from: Senile
softening of the brain, selectively affecting the frontal lobes of the
cerebral cortex and the corpus striatum, due to vascular degeneration.
It is our unanimous, considered, professional opinion that the mental
condition of the patient, Gustav Krupp von Bohlen, is such that he is
incapable of understanding court procedure, and of understanding or
cooperating in interrogation.
The physical state of the patient is such that he cannot be moved
without endangering his life.
We are of the considered opinion that his condition is unlikely to
improve, but rather to deteriorate even further.
Therefore, we unanimously believe that he will never be fit, mentally or
physically, to appear before the International Military Tribunal.
/s/ R. E. TUNBRIDGE
Brigadier, O.B.E., M.D., M.Sc., F.R.C.P.
Consulting Physician, British Army of the Rhine
/s/ RENE PIEDELIEVRE
M.D., Professor of the Paris Faculty of Medicine;
Expert of the Tribunal
/s/ NICOLAS KURSHAKOV
Professor of Medicine, Medical Institute of Moscow
Chief Internist, Commissariat of Public Health, U.S.S.R.
/s/ EUGENE SEPP
Emeritus Professor of Neurology, Medical Institute of Moscow
Member, Academy of Medical Sciences, U.S.S.R.
/s/ EUGENE KRASNUSHKIN
M. D., Professor of Psychiatry, Medical Institute of Moscow
/s/ BERTRAM SCHAFFNER
Major, Medical Corps
Neuropsychiatrist, Army of the United States
-----
[15] At a meeting of the International Military Tribunal on 30 October
1945, “it was agreed that a committee of four medical officers, one
appointed by each Member of the Tribunal, be sent, if the Committee of
Prosecutors made no objection, to examine Krupp and that they be
empowered to employ specialists if necessary.” The report of this
Medical Commission was presented 7 November 1945.
Report of the Medical Examination of
Herr Gustav Krupp von Bohlen
1. History: The following information was obtained by questioning Frau
Krupp von Bohlen, wife of the patient, Herr Krupp’s valet, and Frl.
Krone, private secretary of the patient.
The patient had been physically a very active man. He hunted,
rode and played tennis. With the aid of guides, he was hunting
deer as recently as 1943. He was abstemious in his personal
habits, did not smoke or partake of alcohol. He retired to bed
early, rarely remaining up after 2200 hours. He had eight
children, six sons and two daughters. There is no family history
of mental disorder or of drug addiction.
Previous Illness: There is no history of any major illness.
Since 1930, he has taken spa treatment each year for arthritis
of the spine and for hypotension. No radiographs were available
to indicate the true pathology of the spinal condition. The
valet stated that the patient, on the recommendation of his
physicians, had been very careful with his diet during the past
ten years.
Present Illness: For several years, the patient had been subject
to giddy attacks. In consequence, his wife was always anxious
when he went hunting, lest he should have an attack whilst on
the edge of a cliff, and fall and kill himself. Two reliable
guides always accompanied him on his hunting excursions, and in
1942 Frau Krupp also joined in expeditions in order to watch
him.
Four years ago, the patient had a disturbance of vision
primarily due to dysfunction of the eye muscles. For a period he
had double vision. From this illness, he made an apparent
complete recovery.
Two years ago he had a stroke, with weakness of the left side of
the face, and impaired function of the right side of the body.
Following the latter incident, impairment of gait, general
weakness, and impairment of mental functions became increasingly
apparent. From the middle of 1944 onwards, the patient became
more and more dependent upon his wife; she was the only person
who seemed to understand fully his speech and his needs.
On November 25th, 1944, he was proceeding from the garden
towards the house, and suddenly seemed to run (propulsion gait).
Just before reaching the house, he fell and injured his arm. As
a result of this accident, he attended the local hospital for
treatment, traveling by motor-car. On December 4th, whilst
traveling to the hospital at Schwarzach-St. Veith, and asleep in
the back of the car, the driver was compelled to swerve to avoid
another vehicle, and to brake suddenly. Herr Krupp von Bohlen
was thrown forward, and hit his forehead and the bridge of the
nose against a metal rail behind the driver’s seat. He did not
lose consciousness, but his condition was such that he was
detained in the hospital for approximately eight weeks. During
his stay in the hospital, he recognized his wife, his relatives
and the members of his staff, and spoke to them, albeit
haltingly.
Since the accident mentioned above, the general condition of the
patient has deteriorated rapidly. The members of his staff had
increasing difficulty in understanding him. At first, with the
aid of two people, he was able to walk a few steps; until two
months ago he sat for short periods in a chair. The assistance
of men-servants was necessary for this task. He has been
incontinent of feces and urine since returning from the hospital
in February 1945. Since this date he has only spoken an
occasional single word, the words being simple ones and without
any rational association, apart from sporadic expletives, such
as “Ach, Gott” and “Donner Wetter”, when disturbed. At times he
has been exceedingly irritable and on occasions has had
inexplicable bouts of weeping. During the past two months, he
has become increasingly apathetic, and no longer recognized
relatives or friends. Frau Von Bohlen thinks he may still
recognize her as a familiar face, but he exhibits no emotional
reaction to her presence. She thinks he realizes occasionally
that strangers are in the room; e. g., members of the Allied
services, and responds by being very tense.
Frl. Krone, secretary to the patient, stated that on returning
to Blühbach in September 1944, after an absence since May 1944,
she could no longer take down letters as dictated by Krupp von
Bohlen. Normally he was a very punctilious man, and his diction
and writing were correct and very precise. She stated that after
September 1944 there were frequent interruptions in his flow of
ideas, his syntax was faulty, and he occasionally did not appear
to appreciate the meaning of certain words. She would get an
idea of what he wanted to say, and then wrote the letter herself
in accordance with what she understood to be his wishes. His
handwriting also became increasingly illegible, and he had
difficulty in signing his name when giving power of attorney to
his relatives in January 1945.
The valet had been personal valet to Krupp for 20 years, and
traveled all over the world with him. He described his master as
a very active man, physically and mentally, extremely
punctilious in all personal details. He took a great interest in
his clothes, and was very observant of any slight defect. In his
personal habits he was abstemious, never taking alcohol, and was
also a non-smoker. Although a very excellent sportsman and
physically capable of considerable feats of endurance when
hunting, playing tennis or climbing, he never overdid things and
took care of himself without in any way being overanxious about
his health. The valet first began to notice serious changes in
the patient’s personal habits two years ago, although in the
valet’s opinion, he had been failing slightly for about four to
five years. The degree of change, however, prior to two years
ago, was so slight and his master was in his opinion such a
“superman”, that the changes would not have been apparent to the
casual observer. Two years ago he began to lose interest in the
details of his personal clothing and to become careless with his
table manners. For instance, when soup was served to him one
day, he took his soup-spoon and used it to take water from his
wine-glass. Latterly, he would sit at table and ask who was
present, although the only people in the room were intimate
members of his family. He would complain that the telephone bell
was ringing, and of people speaking to him; these hallucinations
became more frequent during the latter part of 1944. The valet
was employed as caretaker of the main house by the American
Military Government after the cessation of hostilities in
Europe, and did not see his employer regularly after June 1945.
On August 7, 1945, the occasion of Gustav Krupp von Bohlen’s
birthday, he called to pay his respects, and for the first time
he was not recognized, and his master showed no appreciation of
his presence or his conversation.
2. General Appearance: The patient was lying rigidly in bed in a
Parkinsonian position with fine tremors of the jaw and hands. The skin
was atrophic and dry, and there was pigmentation of the dorsum of the
hands. The temporal arteries were prominent and tortuous. The face was
masklike, with dilated venules over the cheeks. There was evidence of
considerable wasting of the body tissues, especially in the extremities,
which also showed evidence of trophic and acrocyanotic changes.
3. Neuropsychiatric Examination: The patient lay in bed with a masklike
face and in a fixed position on his back. The legs were partially
flexed, and similarly the elbows, the latter being pressed firmly
against the trunk. There was generalized muscular rigidity, due to
hypertenus of an extra-pyramidal tract lesion.
On the physicians’ entering the room, the patient fixed his gaze
on them, and replied to their greeting with “Guten Tag,” and
gave his hand when they offered theirs to him. He shook hands
normally, but he could not relax his hold or remove his hand,
and continued to squeeze the physician’s hand; this was due to
the presence of a forced grasp-reflex, which was more marked in
the left than in the right hand. When asked how he felt, he
replied “Gut,” but to all further questions he gave no reply at
all. He was silent and showed no reaction to, or comprehension
of, other questions, and simple commands, such as “Open your
mouth,” “Put out your tongue,” “Look this way.” Only painful and
disagreeable stimuli produced any reaction, and then it was
merely a facial expression of discontent, sometimes accompanied
by grunts of disapproval.
The disturbance of verbal response was not due to dysarthria,
because the patient was able to pronounce such words as he did
use, quite distinctly. Neither was it due to motor aphasia,
because the few words he used were used correctly, and he never
exhibited the jargon responses of the true aphasic when
attempting to answer questions.
The patient was indifferent, apathetic, and was not in good
rapport with the external world, lacked initiative, exhibited
paucity of emotion. He uttered no spontaneous speech, and his
reaction to painful stimuli was primitive.
Neurological examination showed the following additional
abnormal findings: There was a right facial weakness of a
supranuclear origin. The pupils reacted promptly to light, and
appeared normal, save that the left was slightly larger than the
right. Ophthalmoscopic examination of the fundi, limited by lack
of cooperation from the patient, showed clear media and normal
retina and retinal vessels. The right disc, the only one
visualized, appeared normal. Extra-ocular movements could not be
tested; there was no obvious strabismus. All deep reflexes in
the arms and legs were present and very brisk. Clonus was not
elicited. The plantar reflexes were flexor. Abdominal reflexes
were absent, except for the right upper. There was incontinence
of urine and feces, of the type associated with senile dementia.
There was an associated minimal degree of intertrigo. Owing to
lack of cooperation of the patient a full sensory examination
could not be made, but the patient responded to pin-prick, deep
pressure and muscular movement throughout the body.
4. Cardio-vascular Examination:
Pulse: Rate 100, rhythm irregular. The irregularity was due to
extra-systoles. The radial arteries were just palpable, without
evidence of pathological thickening or tortuosity. Blood
pressure: systolic 130 mm. of mercury, diastolic 80 mm. of
mercury.
Heart: The heart was clinically not enlarged. The cardiac sounds
were feeble, there was no accentuation of the second sound in
the aortic area, nor were any cardiac murmurs audible. There
were no vascular changes observable in the vessels of the fundi.
There was no evidence of cedema or of congestive heart failure.
5. Respiratory Examination: Chest movement satisfactory. There was no
impairment of percussion noted. Auscultation revealed no impairment of
air entry, no alteration in the breath sounds, and the absence of any
adventitious sounds.
6. Alimentary-renal Examination: There was slight distention of the
abdomen, due to increase in the gaseous content of the intestines. There
was no evidence of ascites. The spleen was not palpable, nor was there
any evidence of glandular enlargement. The liver was just palpable, one
finger’s breadth below the right costal margin, but there was no
evidence of enlargement upwards. Urinalysis: no sugar or albumen
present.
7. Skeletal Examination: The patient’s rigidity limited the examination
of joints. There was limitation of movement of the neck due to muscular
hypertonus. The hypertonus was so marked in the lower dorsal and lumbar
region as to produce rigidity of the spine. Attempts to move the joints
passively stimulated involuntary contractures of the muscles. There was
evidence of crepitus in both knee-joints.
DISCUSSION:
The clinical record presented by this patient is that of an
organic cerebral disorder, with predominant involvement of the
frontal lobes and basal ganglia. The mental disintegration of
the patient renders him incapable of comprehending his
environment, and of reacting normally to it. He remains
uniformly apathetic and disinterested, intellectually retarded
to a very marked degree, and shows no evidence of spontaneous
activity.
The above findings are such as are found in the degenerative
changes associated with senility. The findings in the visceral
organs are likewise compatible with the diagnosis of senile
degeneration.
The clinical course, from the evidence obtained, has been that
of a gradual decline over a period of years, with more rapid
deterioration during the past year. Such deterioration will
continue, and would be rapidly accelerated, with immediate
danger to the patient’s life, were he to be moved from his
present location.
DIAGNOSIS:
Senile degeneration of the brain tissues, selectively affecting
the frontal lobes of the cerebral cortex and the basal ganglia,
with associated senile degeneration of the visceral organs.
/s/ R. E. TUNBRIDGE
Brigadier, O.B.E., M.D., M.Sc., F.R.C.P.,
Consulting Physician, British Army of the
Rhine
/s/ RENE PIEDELIEVRE
M.D., Professor of the Paris Faculty of
Medicine, Expert of the Tribunal
/s/ NICOLAS KURSHAKOV
M.D., Professor of Medicine, Medical
Institute of Moscow, Chief Internist,
Commissariat of Public Health U.S.S.R.
/s/ EUGENE SEPP
M.D., Emeritus Professor of Neurology,
Medical Inst, of Moscow; Member, Academy of
Medical Sciences, U.S.S.R.
/s/ EUGENE KRASNUSHKIN
M.D., Professor of Psychiatry, Medical
Institute of Moscow.
/s/ BERTRAM SCHAFFNER
Major, Medical Corps, Neuropsychiatrist, Army
of the United States
ANSWER OF THE UNITED STATES PROSECUTION
TO THE MOTION ON BEHALF OF DEFENDANT
GUSTAV KRUPP VON BOHLEN
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS
— against —
HERMANN WILHELM GÖRING, et al.,
Defendants.
ANSWER FOR THE UNITED STATES TO THE MOTION FILED IN BEHALF OF KRUPP VON
BOHLEN
The United States respectfully opposes the application on behalf of
Gustav Krupp von Bohlen und Halbach that his trial be “deferred until he
is again fit for trial.”
If the Tribunal should grant this application, the practical effect
would be to quash all proceedings, for all time, against Krupp von
Bohlen.
It appears that Krupp should not be arrested and brought to the court
room for trial. But the plea is that the Tribunal also excuse him from
being tried in absentia. This form of trial admittedly is authorized by
Article 12 of the Charter of the Tribunal. Of course, trial in absentia
in circumstance of the case is an unsatisfactory proceeding either for
prosecution or for defense. But the request that Krupp von Bohlen be
neither brought to court nor tried in his absence is based on the
contention that “the interests of justice” require that he be thus
excused from any form of trial. Public interests, which transcend all
private considerations, require that Krupp von Bohlen shall not be
dismissed unless some other representative of the Krupp armament and
munitions interests be substituted. These public interests are as
follows:
Four generations of the Krupp family have owned and operated the great
armament and munitions plants which have been the chief source of
Germany’s war supplies. For over 130 years this family has been the
focus, the symbol, and the beneficiary of the most sinister forces
engaged in menacing the peace of Europe. During the period between the
two World Wars, the management of these enterprises was chiefly in
Defendant Krupp von Bohlen. It was at all times however a Krupp family
enterprise. Only a nominal owner himself, Von Bohlen’s wife, Bertha
Krupp, owned the bulk of the stock. About 1937 their son, Alfried Krupp,
became plant manager and was actively associated in the policy making
and executive management thereafter. In 1940 Krupp von Bohlen, getting
on in years, became chairman of the board of the concern, thus making
way for Alfried who became president. In 1943 Alfried became sole owner
of the Krupp enterprises by agreement between the family and the Nazi
Government, for the purpose of perpetuating this business in Krupp
family control. It is evident that the future menace of this concern
lies in continuance of the tradition under Alfried, now reported to be
an internee of the British Army of the Rhine.
To drop Krupp von Bohlen from this case without substitution of Alfried,
drops from the case the entire Krupp family, and defeats any effective
judgment against the German armament makers. Whether this would be “in
the interests of justice” will appear from the following recital of only
the most significant items of evidence now in possession of the United
States as to the activities of Krupp von Bohlen in which his son,
Alfried, at all times aided as did other associates in the vast armament
enterprises, all plotting to bring about the second World War, and to
aid in its ruthless and illegal conduct.
After the first World War, the Krupp family and their associates failed
to comply with Germany’s disarmament agreements but all secretly and
knowingly conspired to evade them.
In the 1 March 1940 issue of the Krupp Magazine, the Defendant Krupp
stated:
“I wanted and had to maintain Krupp in spite of all opposition,
as an armament plant for the later future, even if in
camouflaged form. I could only speak in the smallest, most
intimate circles, about the real reasons which made me undertake
the changeover of the plants for certain lines of production
. . . . Even the Allied snoop commissioners were duped . . . .
After the accession to power of Adolf Hitler, I had the
satisfaction of reporting to the Führer that Krupp stood ready,
after a short warming-up period, to begin rearmament of the
German people without any gaps of experience . . . .”
Krupp von Bohlen (and Alfried Krupp as well) lent his name, prestige and
financial support to bring the Nazi Party, with an avowed program of
renewing the war, into power over the German State. On 25 April 1931 Von
Bohlen acted as chairman of the Association of German Industry to bring
it into line with Nazi policies. On 30 May 1933 he wrote to Schacht
that:
“It is proposed to initiate a collection in the most
far-reaching circles of German industry, including agriculture
and the banking world, which is to be put at the disposal of the
Führer of the NSDAP in the name of ‘The Hitler Fund’ . . . . I
have accepted the chairmanship of the management council.”
Krupp contributed from the treasury of the main Krupp company 4,738,446
marks to the Nazi Party fund. In June 1935 he contributed 100,000 marks
to the Nazi Party out of his personal account.
The Nazi Party did not succeed in obtaining control of Germany until it
obtained support of the industrial interests, largely through the
influence of Krupp. Alfried first became a Nazi Party member and later
Von Bohlen did also. The Krupp influence was powerful in promoting the
Nazi plan to incite aggressive warfare in Europe.
Krupp von Bohlen strongly advocated and supported Germany’s withdrawal
from the Disarmament Conference and from the League of Nations. He
personally made repeated public speeches approving and inciting Hitler’s
program of aggression: On 6 and 7 April 1938 two speeches approved
annexation of Austria; on 13 October 1938 approving Nazi occupation of
the Sudetenland; on 4 September 1939 approving the invasion of Poland;
on 6 May 1941 commemorating success of Nazi arms in the West.
Alfried Krupp also made speeches to the same general effect. Krupps were
thus one of the most persistent and influential forces that made this
war.
Krupps also were the chief factor in getting ready for the war. In
January 1944, in a speech at the University of Berlin, Von Bohlen
boasted, “Through years of secret work, scientific and basic groundwork
was laid in order to be ready again to work for the German Armed Forces
at the appointed hour without loss of time or experience.” In 1937,
before Germany went to war, Krupps booked orders to equip satellite
governments on approval of the German High Command. Krupp contributed
20,000 marks to the Defendant Rosenberg for the purpose of spreading
Nazi propaganda abroad. In a memorandum of 12 October 1939 a Krupp
official wrote offering to mail propaganda pamphlets abroad at Krupp
expense.
Once the war was on, Krupps, both Von Bohlen and Alfried being directly
responsible therefor, led German industry in violating treaties and
international law by employing enslaved laborers, impressed and imported
from nearly every country occupied by Germany, and by compelling
prisoners of war to make arms and munitions for use against their own
countries. There is ample evidence that in Krupp’s custody and service
they were underfed and overworked, misused, and inhumanly treated.
Captured records show that in September 1944 Krupp concerns were working
54,990 foreign workers and 18,902 prisoners of war.
Moreover, the Krupp companies profited greatly from destroying the peace
of the world through support of the Nazi program. The rearmament of
Germany gave Krupp huge orders and corresponding profits. Before this
Nazi menace to the peace began, the Krupps were operating at a
substantial loss. But the net profits after taxes, gifts, and reserves
steadily rose with rise of Nazi rearmament, being as follows:
For year ending 30 September 1935— 57,216,392 marks
For year ending 30 September 1938— 97,071,632 marks
For year ending 30 September 1941— 111,555,216 marks
The book value of the Krupp concerns mounted from 75,962,000 marks on 1
October 1933, to 237,316,093 marks on 1 October 1943. Even this included
many going concerns in occupied countries at a book value of only 1 mark
each. These figures are subject to the adjustments and controversies
usual with financial statements of each vast enterprise but
approximately reflect the facts about property and operations.
The services of Alfried Krupp and of Von Bohlen and their family to the
war aims of the Nazi Party were so outstanding that the Krupp
enterprises were made a special exception to the policy of
nationalization of industries. Hitler said that he would be “prepared to
arrange for any possible safeguarding for the continued existence of the
works as a family enterprise; it would be simplest to issue ‘lex Krupp’
to start with”. After short negotiations, this was done. A decree of 12
November 1943 preserves the Krupp works as a family enterprise in
Alfried Krupp’s control and recites that it is done in recognition of
the fact that “for 132 years the firm of Fried. Krupp, as a family
enterprise has achieved outstanding and unique merits for the armed
strength of the German people.”
It has at all times been the position of the United States that the
great industrialists of Germany were guilty of the crimes charged in
this Indictment quite as much as its politicians, diplomats, and
soldiers. Its chief of counsel, on 7 June 1945, in a report to President
Truman, released by him and with his approval, stated that the
accusations of crimes include individuals in authority in the financial,
industrial, and economic life of Germany as well as others.
Pursuant thereto, the United States, with approval of the Secretary Of
State, proposed to indict Alfried Krupp, son of Krupp von Bohlen, and
president and owner of the Krupp concern. The Prosecutors representing
the Soviet Union, the French Republic, and the United Kingdom
unanimously opposed inclusion of Alfried Krupp. This is not said in
criticism of them or their judgment. The necessity of limiting the
number of defendants was considered by representatives of the other
three nations to preclude the addition of Alfried Krupp. Immediately
upon service of the Indictment, learning the serious condition of Krupp
von Bohlen, the United States again called a meeting of Prosecutors and
proposed an amendment to include Alfried Krupp. Again the proposal of
the United States was defeated by a vote of 3 to 1. If now the Tribunal
shall exercise its discretion to excuse from trial the one indicted
member of the Krupp family, one of the chief purposes of the United
States will be defeated and it is submitted that such a result is not
“in the interests of justice.”
The United States respectfully submits that no greater disservice to the
future peace of the world could be done than to excuse the entire Krupp
family and the armament enterprise from this Trial in which aggressive
war making is sought to be condemned. The “interests of justice” cannot
be determined without taking into account justice to the men of four
generations whose lives have been taken or menaced by Krupp munitions
and Krupp armament, and those of the future who can feel no safety if
such persons as this escape all condemnation in proceedings such as
this.
While of course the United States cannot, without the concurrence of one
other Power indict a new defendant, it can under the Charter alone
oppose this motion. The United States respectfully urges that if the
favor now sought by Krupp von Bohlen is to be granted, it be upon the
condition that Alfried Krupp be substituted or added as a defendant so
that there may be a representative of the Krupp interests before the
Tribunal.
It may be suggested that bringing in a new defendant would result in
delay. Admitting, however, that a delay which cannot exceed a few days
may be occasioned, it is respectfully suggested that the precise day
that this Trial will start is a less important consideration than
whether it is to fail of one of its principal purposes. The American
Prosecution staff has been by long odds the longest and farthest away
from home in this endeavor. On personal as well as public interest
consideration it deplores delay. But we think the future as well as the
contemporary world cannot fail to be shocked if, in a trial in which it
is sought to condemn aggressive war making, the Krupp industrial empire
is completely saved from condemnation.
The complete trial brief of the United States on Krupp von Bohlen with
copies of the documents on which his culpability is asserted will be
made available to the Tribunal if it is desired as evidence concerning
him and Alfried Krupp and the Krupp concerns.
Respectfully submitted:
/s/ ROBERT H. JACKSON
Chief of Counsel for the United States of
America
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
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS
— against —
HERMANN WILHELM GÖRING, et al.,
Defendants.
ORDER
ON CONSIDERATION of the application of counsel for the defendant, Gustav
Krupp von Bohlen, for a postponement of the proceedings against him;
IT IS ORDERED that the application for postponement be, and the same
hereby is, granted;
IT IS FURTHER ORDERED that 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.
BY THE INTERNATIONAL MILITARY TRIBUNAL
/s/ GEOFFREY LAWRENCE
President.
Dated this 15th day
of November, 1945.
ATTEST:
/s/ WILLIAM L. MITCHELL
General Secretary.
SUPPLEMENTARY STATEMENT OF
THE UNITED STATES PROSECUTION
MEMORANDUM FILED BY THE UNITED STATES CHIEF OF COUNSEL TO THE
INTERNATIONAL MILITARY TRIBUNAL
The United States, by its Chief of Counsel, respectfully shows:
The order of the Tribunal, that “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,” requires the United States to make clear
its attitude toward subsequent trials, which may have been
misapprehended by the Tribunal, in order that no inference be drawn from
its silence.
The United States never has committed itself to participate in any Four
Power trial except the one now pending. The purpose of accusing
organizations and groups as criminal was to reach, through subsequent
and more expeditious trials before Military Government or military
courts, a large number of persons. According to estimates of the United
States Army, a finding that the organizations presently accused are
criminal organizations would result in the trial of approximately
130,000 persons now held in the custody of the United States Army; and I
am uninformed as to those held by others. It has been the great purpose
of the United States from the beginning to bring into this one trial all
that is necessary by way of defendants and evidence to reach the large
number of persons responsible for the crimes charged without going over
the entire evidence again. We, therefore, desire that it be a matter of
record that the United States has not been, and is not by this order,
committed to participate in any subsequent Four Power trial. It reserves
freedom to determine that question after the capacity to handle one
trial under difficult conditions has been tested.
Respectfully submitted:
/s/ ROBERT H. JACKSON
Chief of Counsel for the United
States
Certified a true copy:
/s/ R. L. MORGAN
Major, GSC
MOTION OF THE COMMITTEE OF CHIEF
PROSECUTORS TO AMEND THE INDICTMENT
BY ADDING THE NAME OF
ALFRIED KRUPP VON BOHLEN AS A DEFENDANT
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS
— against —
HERMANN WILHELM GÖRING, et al.,
Defendants.
TO THE INTERNATIONAL MILITARY TRIBUNAL:
Upon the Indictment and motion of Gustav Krupp von Bohlen und Halbach,
the answers thereto and all proceedings had therein, the Committee of
Prosecutors created under the Charter hereby designates Alfried Krupp
von Bohlen und Halbach as a defendant and respectfully moves that the
Indictment be amended by adding the name of Alfried Krupp von Bohlen und
Halbach as a defendant and by the addition of appropriate allegations in
reference to him in the Appendix A thereof. It also moves that the time
of Alfried Krupp be shortened from thirty days to 2 December 1945. For
this purpose, the Committee of Prosecutors adopts and ratifies the
Answer filed on behalf of the United States on 12 November 1945 in
response to the Gustav Krupp von Bohlen und Halbach motion, and the
motion made by Robert H. Jackson in open Court on behalf of the United
States of America, the Soviet Union and the Provisional Government of
France. This motion is authorized by a resolution adopted at a meeting
of the Committee of Prosecutors held 16 November 1945.
/s/ POKROVSKY
For the Union of Soviet Socialist Republics
/s/ F. DE MENTHON
For the Provisional Government of France
/s/ ROBERT H. JACKSON
For the United States of America
16 November 1945
ORDER OF THE TRIBUNAL REJECTING THE
MOTION TO AMEND THE INDICTMENT BY
ADDING THE NAME OF ALFRIED KRUPP
VON BOHLEN AS A DEFENDANT
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS
— against —
HERMANN WILHELM GÖRING, et al.,
Defendants.
ORDER
ON CONSIDERATION of the motion to amend the indictment by adding the
name of Alfried Krupp;
IT IS ORDERED that the motion be, and the same hereby is, rejected.
BY THE INTERNATIONAL MILITARY TRIBUNAL
/s/ GEOFFREY LAWRENCE
President.
Dated this 17th day
of November, 1945.
ATTEST:
/s/ WILLIAM L. MITCHELL
General Secretary.
MEMORANDUM OF THE FRENCH PROSECUTION
ON THE ORDER OF THE TRIBUNAL
REJECTING THE MOTION TO AMEND THE
INDICTMENT
Prosecution
International Military Tribunal
FRENCH DELEGATION
Annex 13
The Delegate of the Provisional
Government of the French Republic
of the Prosecution to the
International Military Tribunal
to
The Members of the International
Military Tribunal
Nuremberg, 20 November 1945
I have the honor to inform you that the decision rendered by you on 17
November at 1500 hours, to reject the motion signed the 16th by Mr.
Justice JACKSON, Colonel POKROVSKY and M. de MENTHON cannot reject the
declaration contained, according to which “The Committee of the
Prosecutors created according to the Charter, designates Alfried KRUPP
VON BOHLEN UND HALBACH as a defendant” because this declaration has been
made as the last resort, under Article 14 b of the Charter.
Accordingly, Alfried KRUPP VON BOHLEN UND HALBACH is specifically
designated as a major war criminal.
Consequently, I have the honor to inform you that the following
declaration has been published by the Chief Prosecutors representing
Great Britain and the Government of the French Republic:
“The Prosecutors representing the United States of America, the
Provisional Government of the French Republic, and the Union of
Socialist Soviet Republics having agreed in the designation of Alfried
KRUPP as a major war criminal under Article 14 b of the Charter of the
International Military Tribunal, the French and British Delegations are
now engaged in the examination of the cases of other leading German
industrialists, as well as certain other major war criminals, with a
view to their attachment with Alfried KRUPP, in an indictment to be
presented at a subsequent trial.”
We will let you know of this new indictment as soon as it is
established.
For the Delegate
/s/ CHARLES DUBOST
to: 4-The Members of the I.M.T.
1-General Secretary of the I.M.T.
3-The Members of the Prosecution (for information)
2-Files
MOTION ON BEHALF OF DEFENDANT STREICHER
FOR POSTPONEMENT OF THE TRIAL AS TO HIM[16]
Schwaig, 5 November 1945
TO: The International Military Tribunal.
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