14 Nov. 45
such unequalled world historical importance, which has assumed
the noble and holy task, by punishment of the war criminals, of
preventing the repetition of such a horrible war as the second World
War and of opening the gates to permanent peace for all peoples of
the earth.
THE PRESIDENT: Mr. Justice Jackson, do you oppose the motion?
MR. JUSTICE ROBERT H. JACKSON (Chief of Counsel for the United
States): Appearing in opposition to this motion, I should, perhaps,
first file with the Tribunal my commission from President Truman to
represent the United States in this proceeding. I will exhibit the
original commission and hand a photostat to the Secretary.
I also speak in opposition to this motion on behalf of the Soviet
Union and with the concurrence of the French Delegation which is
present. I fully appreciate the difficulties which have been
presented to this Tribunal in a very loyal fashion by the
distinguished representative of the German legal profession who has
appeared to protect the interests of Krupp, and nothing that I say in
opposing this motion is to imply any criticism of Counsel for Krupp
who is endeavoring to protect the interest of his client, as it is
his duty to do, but he has a client whose interests are very clear.
We represent three nations of the earth, one of which has been
invaded three times with Krupp armaments, one of which has suffered
in this war in the East as no people have ever suffered under the
impact of war, and one of which has twice crossed the Atlantic to put
at rest controversies insofar as its contribution could do so, which
were stirred by German militarism. The channel by which this Tribunal
is to interpret the Charter in reference to this matter is the
interest of justice, and it cannot ignore the interests that are
engaged in the Prosecution any more than it should ignore the
interests of Krupp.
Of course, trial in absentia has great disadvantages. It would
not comply with the constitutional standard for citizens of the
United States in prosecutions conducted in our country. It presents
grave difficulties to counsel under the circumstances of this case.
Yet, in framing the Charter, we had to take into account that all
manner of avoidances of trial would be in the interests of the
defendants, and therefore, the Charter authorized trial in absentia
when in the interests of justice, leaving this broad generality as
the only guide to the Court's discretion.
I do not suggest that Counsel has overstated his difficulties,
but the Court should not overlook the fact that of all the defendants
at this Bar, Krupp is unquestionably in the best position, from the
point of view of resources and assistance, to be defended. The