14 Nov. 45
this Trial has been enough delayed, and matters ought now to
proceed without further postponement.
Before I say anything in regard to the
application which is before the Tribunal, on behalf of Gustav Krupp
von Bohlen may I say just one word about our position in regard to
industrialists generally. Representing, as I do, the present British
Government, it may be safely assumed by the Tribunal that I am
certainly not less anxious than the representative of any other state
the part played by industrialists in the preparation and conduct of
the war should be fully exposed to the Tribunal and to the world.
That will be done, and that will be done in the course of this Trial,
whether Gustav Krupp von Bohlen or Alfried Krupp are parties to the
proceedings or not. The defendants who are at present before the
Tribunal, are indicted for conspiring not only with each other, but
with divers other persons; and if it should be the decision of the
Tribunal that Gustav Krupp von Bohlen should be dismissed from the
present proceedings, the evidence as to the part which he, his firm,
his associates, and other industrialists played in the preparation
and conduct of the war, would still be given to this Tribunal, as
forming part of the general conspiracy in which these defendants were
involved with divers other persons, not now before the Court.
Now, then, in regard to the application which is
before the Court on behalf of Gustav Krupp van Bohlen, the matter is,
as it seems to me, entirely one for the Tribunal; and I would only
wish to say this about it: It is an application which, in any
submission, must be treated on its own merits. This is a court of
justice, not a game in which you can play a substitute, if one member
of a team falls sick. If this defendant is unfit to stand his trial
before this Tribunal, and whether he is fit or unfit is a matter for
the Tribunal, he will be none the less unfit because the Tribunal
decides not to join some other person, not at present a party to the
proceedings.
There is provision under the Charter for trial in
absentia. I do not wish to add anything which has been said in regard
to that aspect of the matter by my friend, Mr. Justice Jackson, but I
ask the Tribunal to deal with the application, made on behalf of
Gustav Krupp van Bohlen, quite independently of any considerations as
to the joinder of some other person, considerations which, in my
submission, are relevant to that application. There is, however,
before the Tribunal, an independent application to permit the joinder
of a new defendant at this late state. I think I should perhaps say
this: That as you, Mr. President, pointed out, at the last meeting of
the Chief Prosecutors, at which this possibility was discussed, not
for the first time, the representatives of the Provisional Government
of France and of the Soviet Government were, like ourselves, as
representing the British Government,