Text: English     International Military Tribunal "Blue Series," Vol. 3, p. 32
		1 Dec. 45 the witness questions. According to the German text of the Charter, Paragraph 16, I believe this is permissible. THE PRESIDENT: The Tribunal will consider the point you have raised and will let you know later. MR. JUSTICE JACKSON: The United States Prosecution would desire to be heard, I am sure, if there were any probability of that view being taken by the Tribunal. THE PRESIDENT: Perhaps we had better hear you now, Mr. Justice Jackson. MR. JUSTICE JACKSON: Well, I think it is very clear that these provisions are mutually exclusive. Each defendant has the right to conduct his own defense or to have the assistance of counsel. Certainly this would become a performance rather than a trial if we go into that sort of thing. In framing this Charter, we anticipated the possibility that some of these defendants, being lawyers themselves, might conduct their own defenses. If they do so, of course they have all the privileges of counsel. If they avail themselves of the privileges of counsel, they are not, we submit, entitled to be heard in person. DR. STAHMER: I would like to point out once more that Paragraph 16 (e), according to my opinion, speaks very clearly for my point of view. It says that the defendant has the right, either personally or through his counsel, to present evidence, and according to the German text it is clear that the defendant has the right to cross-examine any witness called by the Prosecution. According to the German text there reference can be made only to the defendant — with respect to terms as well as to the contents. In my opinion it is made clear that the defendant has the right to cross-examine any witness called by the Prosecution. THE PRESIDENT: Does any other German counsel, defendant's counsel, wish to cross-examine the witness? DR. ROBERT SERVATIUS (Counsel for Defendant Sauckel): I would only like to point out that in the written forms given to us by the Court, the defendant, as well as his counsel can make a motion. A place is left for two signatures on the questionnaire. I conclude, therefore, that the defendant himself has the right to speak on the floor. THE PRESIDENT: What I asked was whether any other defendant's counsel wished to cross-examine the witness. [Herr Böhm approached the lectern.] THE PRESIDENT: What is it? Would you put the earphones on, please, unless you understand English. What is it you want to ask now? You have already cross-examined the witness. 32
		Text: English     International Military Tribunal "Blue Series," Vol. 3, p. 32     Last modified: October 10, 1998 Copyright © 1998 The Mazal Library and The Holocaust History Project. All rights reserved. Technical/administrative contact: webmaster@holocaust-history.org Find a typo? Let us know.